12 Mississippi opinions name it 2 courts 1990–2015 0 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.
| Case | Followed | Cited |
|---|---|---|
Johnson v. Stategreen2 sentences1999Although the majority is correct in holding that no one factor is dispositive in the totality of circumstances test, Johnson v. State, 511 So.2d 1360, 1365 (Miss.1987), the evidence in this case establishes that Kircher was suffering from both mental and physical defects. 1997Although the majority is correct in holding that no one factor is dispositive in the totality of circumstances test, Johnson v. State, 511 So.2d 1360, 1365 (Miss. 1987), the evidence in this case establishes that Kircher was suffering from both mental and physical defects. | 5 | 7 |
Ricardo H. Robinson v. Robert Glen Borg, Wardengreen2 sentences2015Holland, 587 So.2d at 856 (citing Robinson v. Borg, 918 F.2d 1387 , 1391 n. 4 (9th Cir.1990)). 1991"Precedents do not establish a bright line rule for determining what sorts of statements amount to equivocal requests for an attorney." Towne, 899 F.2d at 1106 ; see Robinson v. Borg, 918 F.2d 1387 , 1391 n. 4 (9th Cir.1990) ("The totality of circumstances test, which is used to determine whether an accused has `knowingly and voluntarily' waived his Miranda rights, has no role in the determination of whether an accused's request for counsel is clear or equivocal.") (quoting Owen v. Alabama, 849 F.2d 536, 539 (11th Cir.1988)). | 1 | 2 |
Donald L. Owen v. State of Alabama, Willie E. Johnson, Wardengreen1 sentence1991"Precedents do not establish a bright line rule for determining what sorts of statements amount to equivocal requests for an attorney." Towne, 899 F.2d at 1106 ; see Robinson v. Borg, 918 F.2d 1387 , 1391 n. 4 (9th Cir.1990) ("The totality of circumstances test, which is used to determine whether an accused has `knowingly and voluntarily' waived his Miranda rights, has no role in the determination of whether an accused's request for counsel is clear or equivocal.") (quoting Owen v. Alabama, 849 F.2d 536, 539 (11th Cir.1988)). | 1 | 1 |
Wiley v. Stategreen1 sentence1990In Johnson v. State, 511 So.2d 1360 (Miss. 1987), the Court considered the degree of intoxication in determining whether a confession is voluntary: We have repeatedly held that the voluntariness of a waiver, or of a confession, must be determined by the trial judge from the totality of the circumstances; it is a factual inquiry. (citations omitted) Moreover, where there is conflicting evidence on the admissibility of a confession, this Court will not disturb the court's findings "unless it appears clearly contrary to the overwhelming weight of the evidence." Wiley v. State, 465 So.2d 318, 320 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Williams
green
2 sentences1999State v. Williams, 208 So.2d 172 (Miss.1968)(court held a voluntary waiver cannot be made when defendant evinces "an acute, rampant state of intoxication equivalent to mania" and a "deranged and psychotic mental imbalance.") ¶ 74. 1997State v. Williams, 208 So.2d 172 (Miss. 1968)(court held a voluntary waiver cannot be made when defendant evinces "an acute, rampant state of intoxication equivalent to mania" and a "deranged and psychotic mental imbalance.") ¶74. | 2 | 1997–1999 |
Holland v. State
green
2 sentences2015Holland, 587 So.2d at 856 (citing Robinson v. Borg, 918 F.2d 1387 , 1391 n. 4 (9th Cir.1990)). 2015Holland, 587 So. 2d at 856 (citing Robinson v. Borg, 918 F.2d 1387 , 1391 n.4 (9th Cir. 1990). | 1 | 2015–2015 |
Strickland v. Washington
green
1 sentence2002Id. | 1 | 2002–2002 |
Neil v. Biggers
green
2 sentences2000Bogan asserts that the in-court identification failed the totality of circumstances test set out in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). 2000Bogan asserts that the in-court identification failed the totality of circumstances test set out in Neil v. Biggers, 409 U.S. 188 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972). | 1 | 2000–2000 |
Cole v. State
green
1 sentence1995Id. | 1 | 1995–1995 |
Jack Stanley Towne v. Leonard Dugger, Bob Butterworth
green
1 sentence1991"Precedents do not establish a bright line rule for determining what sorts of statements amount to equivocal requests for an attorney." Towne, 899 F.2d at 1106 ; see Robinson v. Borg, 918 F.2d 1387 , 1391 n. 4 (9th Cir.1990) ("The totality of circumstances test, which is used to determine whether an accused has `knowingly and voluntarily' waived his Miranda rights, has no role in the determination of whether an accused's request for counsel is clear or equivocal.") (quoting Owen v. Alabama, 849 F.2d 536, 539 (11th Cir.1988)). | 1 | 1991–1991 |
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.