addressed a similar claim (Mississippi) · Go Syfert
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addressed a similar claim in Mississippi

11 Mississippi opinions name it 2 courts 1990–2018 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.

Followed or applied (4)

CaseFollowedCited
Manning v. Stategreen
miss · 1998 · cited in 3 Mississippi opinions naming this issue, 2003–2007
2 sentences

2007Further, in Manning v. State, 726 So.2d 1152, 1197 (Miss.1998) (overruled on other grounds), this Court addressed a similar instruction which also included the phrase “and that the death penalty should be imposed.” With regard to this phrase, this Court held that “[t]his part of the instruction makes it clear that the finding that the death penalty should be imposed is a separate decision to be made from the weighing of aggravators and mitigators.” Id.

2007Further, in Manning v. State, 726 So.2d 1152, 1197 (Miss.1998) (overruled on other grounds), this Court addressed a similar instruction which also included the phrase “and that the death penalty should be imposed.” With regard to this phrase, this Court held that “[t]his part of the instruction makes it clear that the finding that the death penalty should be imposed is a separate decision to be made from the weighing of aggravators and mitigators.” Id.

33
Cole v. Stategreen
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1998–2005
2 sentences

2005See Cole v. State, 666 So.2d 767, 780 (Miss.1995) (the expert appointed by the court at the defendant's request was not a "state actor" associated with the prosecution). ¶ 53.

1998See Cole v. State, 666 So.2d 767, 780 (Miss. 1995) (the expert 7 As Estelle v. Smith teaches, the Fifth Amendment requires that the defendant in a capital trial who is subjected to a court-ordered psychiatric examination be informed that he is free to refuse to participate in that examination because its results can be used against him at the sentencing phase of the trial to secure the death penalty.

22
Weaver v. Stategreen
missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010In Weaver v. State, 996 So.2d 142, 147 (¶ 19) (Miss.Ct.App.2008), this Court addressed a similar claim of ineffective assistance of counsel based on trial counsel’s failure to file post-trial motions.

11
Ward v. Stategreen
missctapp · 2005 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009This Court addressed a similar claim of an illegal sentence in Ward v. State, 914 So.2d 332, 336 (¶¶ 9-10) (Miss.Ct.App.2005).

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 (5)

CaseCitedYears
Chapman v. State green
missctapp · 2010
1 sentence

2018This Court addressed a similar claim in Chapman v. State , 47 So.3d 203 , 209 (¶¶ 21-23) (Miss.

12018–2018
Jones v. State neutral
miss · 2011
1 sentence

2018Ct. App. 2010), cert. denied , 63 So.3d 1229 (Miss. 2011).

12018–2018
Cotton v. Mississippi Parole Bd. green
miss · 2003
1 sentence

2017This Court addressed a similar claim in Cotton v. Mississippi Parole Board, 863 So.2d 917 (Miss. 2003).

12017–2017
Morris v. State green
miss · 1991
1 sentence

2011Id.

12011–2011
Johnson v. State green
miss · 1981
1 sentence

1990Appellant emphasizes that he was discriminated against because the foreman of the grand jury was not black. [3] In Johnson v. State, 404 So.2d 553 (Miss. 1981), this Court addressed a similar claim and distinguished Rose v. Mitchell, from the Mississippi procedure.

11990–1990

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (5) MS § Miss. Code Ann. § 99-19-105 (5) MS § Miss. Code Ann. § 99-39-21 (5) MS § Miss. Code Ann. § 97-5-39 (3) MS § Miss. Code Ann. § 99-15-35 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 20 (1999–2025) AL 14 (1991–2025) MS 11 (1990–2018) FL 9 (2002–2019) OH 8 (1987–2024) KS 7 (1984–2014) CT 7 (1998–2022) CA 6 (2008–2025) LA 5 (1997–2026) MO 5 (2002–2021) MI 4 (2015–2020) WA 4 (2009–2024) IL 4 (1981–2022) IN 3 (1982–2014) WY 3 (2001–2015) CO 3 (1982–1995) NE 2 (1984–2021) AZ 2 (2008–2008) TX 2 (2013–2017) IA 2 (2002–2018)

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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