ruling constitutes waiver (Mississippi) · Go Syfert
← Mississippi issues

ruling constitutes waiver in Mississippi

11 Mississippi opinions name it 2 courts 1981–2024 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 (5)

CaseFollowedCited
Martin v. Stategreen
miss · 1978 · cited in 6 Mississippi opinions naming this issue, 1981–2024
2 sentences

2024Ct. App. 2004) (quoting Martin v. State, 354 So. 2d 1114, 1119 (Miss. 1978)).

2004"It is the responsibility of the movant to obtain a ruling on all motions filed by [him], and the failure to obtain a ruling constitutes a waiver." Martin v. State, 354 So.2d 1114, 1119 (Miss.1978).

46
Johnson v. Stategreen
miss · 1984 · cited in 4 Mississippi opinions naming this issue, 1997–2014
2 sentences

2014King v. State, 960 So.2d 413, 438 (Miss.2007); Grayson v. State, 806 So.2d 241, 254-55 (Miss.2001) (quoting Johnson v. State, 461 So.2d 1288, 1290 (Miss.1984) (stating that [t]he movant bears the responsibility of obtaining a ruling from the court on a motion filed by him and his failure to secure such a ruling constitutes waiver)). ¶ 105.

2001On the issue of the jury consultant, we have said that “[t]he movant bears the responsibility of obtaining a ruling from the court on a motion filed by him and his failure to secure such a ruling constitutes waiver.” Johnson v. State, 461 So.2d 1288, 1290 (Miss.1984)(holding that denial of funds to hire forensic expert for defense was not abuse of discretion where defense counsel was supposed to supply court with list of potential experts but failed to do so).

44
Clayton v. Stategreen
missctapp · 2004 · cited in 2 Mississippi opinions naming this issue, 2018–2024
2 sentences

2024And an objection or a motion, standing alone, will not preserve the issue for appeal unless the party pursues it to a ruling by the trial court: “It is the responsibility of the movant to obtain a ruling on all motions filed by him, and the failure to obtain a ruling constitutes a waiver.” Clayton v. State, 893 So. 2d 246, 249 (¶15) (Miss.

2018And an objection or a motion, standing alone, will not preserve the issue for appeal unless the party pursues it to a ruling by the trial court: "It is the responsibility of the movant to obtain a ruling on all motions filed by him, and the failure to obtain a ruling constitutes a waiver." Clayton v. State , 893 So.2d 246 , 249 (¶ 15) (Miss.

12
Grayson v. Stategreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014King v. State, 960 So.2d 413, 438 (Miss.2007); Grayson v. State, 806 So.2d 241, 254-55 (Miss.2001) (quoting Johnson v. State, 461 So.2d 1288, 1290 (Miss.1984) (stating that [t]he movant bears the responsibility of obtaining a ruling from the court on a motion filed by him and his failure to secure such a ruling constitutes waiver)). ¶ 105.

11
King v. Stategreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014King v. State, 960 So.2d 413, 438 (Miss.2007); Grayson v. State, 806 So.2d 241, 254-55 (Miss.2001) (quoting Johnson v. State, 461 So.2d 1288, 1290 (Miss.1984) (stating that [t]he movant bears the responsibility of obtaining a ruling from the court on a motion filed by him and his failure to secure such a ruling constitutes waiver)). ¶ 105.

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 (1)

CaseCitedYears
James C. Graham v. State of Mississippi green
missctapp · 2018
1 sentence

2023“It is the responsibility of the movant to obtain a ruling on all motions filed by him, and the failure to obtain a ruling constitutes a waiver.” Id.

12023–2023

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (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

AR 17 (1990–2025) MS 11 (1981–2024) CA 6 (1916–2021) IL 5 (1992–2020) NH 3 (2007–2019) FL 2 (1997–2009) IN 2 (1903–1939) NC 2 (2021–2021) KY 2 (2008–2008)

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.

← Caselaw search · G Cite Topics · Brief Check