state procedural bar (Mississippi) · Go Syfert
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state procedural bar in Mississippi

11 Mississippi opinions name it 2 courts 1983–2015 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.

Followed or applied (3)

CaseFollowedCited
Caldwell v. Mississippigreen
scotus · 1985 · cited in 6 Mississippi opinions naming this issue, 1990–1996
2 sentences

1996The Foster Court further quoted from Caldwell v. Mississippi, 472 U.S. 320, 327 , 105 S.Ct. 2633, 2637-38 , 86 L.Ed.2d 231 (1985), stating: The mere existence of a basis for a state procedural bar does not deprive this Court of jurisdiction; the state court must actually have relied on the procedural bar as an independent basis for its disposition of the case... .

1996The Foster Court further quoted from Caldwell v. Mississippi, 472 U.S. 320, 327 , 105 S.Ct. 2633, 2637-38 , 86 L.Ed.2d 231 (1985), stating: The mere existence of a basis for a state procedural bar does not deprive this Court of jurisdiction; the state court must actually have relied on the procedural bar as an independent basis for its disposition of the case... .

16
Wainwright v. Sykesgreen
scotus · 1977 · cited in 1 Mississippi opinions naming this issue, 1983–1983
2 sentences

1983See, e.g., Wainright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977), and Engle v. Isaac, 456 U.S. 107 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982).

1983See, e.g., Wainright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977), and Engle v. Isaac, 456 U.S. 107 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982).

11
Engle v. Isaacgreen
scotus · 1982 · cited in 1 Mississippi opinions naming this issue, 1983–1983
2 sentences

1983See, e.g., Wainright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977), and Engle v. Isaac, 456 U.S. 107 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982).

1983See, e.g., Wainright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977), and Engle v. Isaac, 456 U.S. 107 , 102 S.Ct. 1558 , 71 L.Ed.2d 783 (1982).

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
Stringfellow v. Stringfellow green
miss · 1984
2 sentences

2001The Fifth Circuit Court of Appeals has stated that a declaratory judgment "is particularly well suited for situations that have evolved to a point of inevitable or imminent litigation." Armco, Inc. v. Southern Rock, Inc ., 778 F.2d 1134 , 1138 (5th Cir. 1985); Stringfellow v. Stringfellow , 451 So.2d 219 , 221 (Miss. 1984) (we will consider federal rule interpretations when assessing the meaning of a similar state procedural rule). ¶ 17.

1999Stringfellow, 451 So.2d at 221 . ¶ 22.

21999–2001
Martinez v. Ryan green
scotus · 2012
1 sentence

2015Martinez, 132 S.Ct. at 1315 . 1116.

12015–2015
Coleman v. Thompson red
scotus · 1991
2 sentences

2015The petitioner’s request for federal habeas relief was denied based on the state procedural bar and the decision rendered in Coleman v. Thompson, 501 U.S. 722, 753-754 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991), which held that an attorney’s errors in post-conviction proceedings do not establish cause for a default.

2015The petitioner’s request for federal habeas relief was denied based on the state procedural bar and the decision rendered in Coleman v. Thompson, 501 U.S. 722, 753-754 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991), which held that an attorney’s errors in post-conviction proceedings do not establish cause for a default.

12015–2015
Armco, Inc., Plaintiff-Third-Party v. Southern Rock, Inc., Defendant-Third-Party green
ca3 · 1985
1 sentence

2001The Fifth Circuit Court of Appeals has stated that a declaratory judgment "is particularly well suited for situations that have evolved to a point of inevitable or imminent litigation." Armco, Inc. v. Southern Rock, Inc ., 778 F.2d 1134 , 1138 (5th Cir. 1985); Stringfellow v. Stringfellow , 451 So.2d 219 , 221 (Miss. 1984) (we will consider federal rule interpretations when assessing the meaning of a similar state procedural rule). ¶ 17.

12001–2001
Harris v. Reed green
scotus · 1989
2 sentences

1995In Harris v. Reed, 489 U.S. 255 , 109 S.Ct. 1038 , 103 L.Ed.2d 308 (1989), the United States Supreme Court noted: A state court remains free ... to rely on a state procedural bar and thereby to foreclose federal habeas review... .

1995In Harris v. Reed, 489 U.S. 255 , 109 S.Ct. 1038 , 103 L.Ed.2d 308 (1989), the United States Supreme Court noted: A state court remains free ... to rely on a state procedural bar and thereby to foreclose federal habeas review... .

11995–1995

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. § 97-3-19 (4)

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

TX 43 (1978–2026) CA 15 (1967–2024) MS 11 (1983–2015) MO 10 (1968–2006) WA 10 (1982–2018) PA 8 (2007–2017) IL 7 (1967–2009) MN 5 (1992–2013) AL 5 (1989–2017) NC 4 (2007–2019) ID 4 (1997–2025) MI 4 (1967–2012) CT 4 (1967–2009) IN 4 (1984–2011) LA 4 (2005–2024) NJ 4 (1967–1999) OK 3 (1989–2005) HI 3 (2008–2026) RI 3 (1978–2014) NY 3 (1994–2023) VA 3 (2001–2010) GA 3 (1988–2014) MA 2 (1996–2009) KS 2 (1963–1965) NE 2 (1992–2022) TN 2 (2012–2013) AZ 2 (1974–2001) DE 2 (2020–2022) KY 2 (2012–2020) ME 2 (2017–2017) WI 2 (1980–1995) SC 2 (2002–2016) FL 2 (1984–1998) MT 2 (1995–2012) NV 2 (2014–2017) AR 2 (1996–2003)

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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