record reflects defense (Mississippi) · Go Syfert
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record reflects defense in Mississippi

12 Mississippi opinions name it 2 courts 2000–2024 2 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Florence v. Stategreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2000–2006
2 sentences

2006See Florence v. State, 755 So.2d 1065, 1071 (Miss. 2000) (defense "opened the door" and put the question of Florence's potential homosexuality before the jury).

2000See Florence v. State, 755 So. 2d 1065, 1071 (Miss. 2000) (defense “opened the door” and put the question of Florence’s potential homosexuality before the jury).

22
Johnson v. Graygreen
miss · 2003 · cited in 2 Mississippi opinions naming this issue, 2002–2004
2 sentences

2004In Johnson v. Gray, 859 So.2d 1006 , 1015 (Miss. 2003), this Court stated: There is a general requirement that objections must be raised at the trial level.

2002In Johnson v. Gray, 859 So.2d 1006, 1015 (Miss. 2003), this Court stated: There is a general requirement that objections must be raised at the trial level.

12
Gavin v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2024–2024
1 sentence

2024Second, appellate courts “are ill equipped to find facts.” Gavin v. State, 473 So. 2d 952, 955 (Miss. 1985).

11
Morris v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2020–2020
1 sentence

2020As the supreme court held in Morris under similar circumstances, Morris, 927 So. 2d at 747 (¶9), we find that this issue is without merit. ¶49.

11
Owens v. Thomaegreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016See Owens, 759 So.2d at 1120 (¶¶ 11-12).

11
Jones v. Stategreen
missctapp · 2007 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009There exists a “strong presumption that the attorney’s conduct falls within the wide range of reasonable professional conduct and .... that all decisions made during the course of trial were strategic.” Jones v. State, 970 So.2d 1316, 1318 (¶ 6) (Miss.Ct.App.2007) (citations omitted).

11
Vielee v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009While the record reflects that defense counsel called no witnesses at the sentencing hearing other than Martin himself, Martin failed to include any supporting affidavits in his motion for post-conviction relief. 3 The supreme court has stated that, in cases involving post-conviction relief, “where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit.” Vielee v. State, 653 So.2d 920, 922 (Miss.1995).

11
Prewitt v. Stategreen
missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001In Prewitt v. State, 755 So.2d 537, 541 (¶ 11) (Miss.Ct.App.1999), this Court relied on the holding in Buckhalter v. State, 480 So.2d 1128, 1128 (Miss.1985), to conclude that even if an appellate court determines that there has been a violation of Rule 9.04 it will be considered harmless error if the record reflects that the violation did not cause a miscarriage of justice.

11
Buckhalter v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001In Prewitt v. State, 755 So.2d 537, 541 (¶ 11) (Miss.Ct.App.1999), this Court relied on the holding in Buckhalter v. State, 480 So.2d 1128, 1128 (Miss.1985), to conclude that even if an appellate court determines that there has been a violation of Rule 9.04 it will be considered harmless error if the record reflects that the violation did not cause a miscarriage of justice.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Ross v. State green
miss · 2007
1 sentence

2021The record reflects that defense counsel clearly recognized the necessity of such an investigation, and the “highly deferential” review of an attorney’s conduct includes a “strong presumption” of “reasonable professional assistance.” Ross, 954 So. 2d at 1004 (citing Howard, 853 So. 2d at 796 ).

12021–2021
Howard v. State green
miss · 2003
1 sentence

2021The record reflects that defense counsel clearly recognized the necessity of such an investigation, and the “highly deferential” review of an attorney’s conduct includes a “strong presumption” of “reasonable professional assistance.” Ross, 954 So. 2d at 1004 (citing Howard, 853 So. 2d at 796 ).

12021–2021
Mississippi Transp. Comm'n v. McLemore green
miss · 2003
1 sentence

2021For instance, defense counsel filed a Motion to Exclude Scientifically Unreliable Testimony “pursuant to MRE 702 and 403, Mississippi Transportation Comm’n v. McLemore, 863 So. 2d 31 (Miss. 2003), [and Daubert]” regarding the “alleged expert testimony” of Deputy State Fire Marshall Medgar Gibbs.

12021–2021
Jairus Collins v. State of Mississippi green
missctapp · 2014
1 sentence

2015In the recent case of Collins v. State, 172 So.3d 813, 823 , (Miss.Ct.App.

12015–2015

Where else courts name it

NY 84 (1986–2026) CA 35 (1965–2025) TX 32 (1952–2024) OH 32 (1970–2024) LA 28 (1972–2022) IL 23 (1976–2026) UT 15 (1992–2014) MS 12 (2000–2024) GA 10 (1992–2026) AL 9 (1949–2012) OK 9 (1981–2009) MI 9 (1981–2020) TN 8 (1986–2024) AZ 7 (2014–2022) FL 7 (1982–2018) DE 5 (1994–2020) DC 5 (1982–1996) KS 3 (2022–2025) VA 3 (2002–2026) PA 3 (2015–2023) NM 3 (2012–2020) CT 3 (1988–2011) RI 2 (1995–2007) NV 2 (1972–1985) MA 2 (1994–2010) MD 2 (1986–2021) CO 2 (2012–2025) WA 2 (2015–2015) WI 2 (2002–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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