Thompson instruction (Mississippi) · Go Syfert
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Thompson instruction in Mississippi

11 Mississippi opinions name it 2 courts 1979–2025 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 (7)

CaseFollowedCited
Roux v. City of Gulfportgreen
miss · 1910 · cited in 2 Mississippi opinions naming this issue, 2005–2009
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. *661 858 (1912) (affirming, without comment, the trial court's refusal to allow the instruction in Thompson phraseology) (citing Runnels and Roux ); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier ); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22
Brahan v. Meridian Home Telephone Co.green
miss · 1910 · cited in 2 Mississippi opinions naming this issue, 2005–2009
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. *661 858 (1912) (affirming, without comment, the trial court's refusal to allow the instruction in Thompson phraseology) (citing Runnels and Roux ); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier ); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22
Hale v. Ruleville Health Care Centergreen
miss · 1997 · cited in 2 Mississippi opinions naming this issue, 2000–2002
2 sentences

2002In that later opinion, the Supreme Court quoted both the Jordan truncated iteration and the Wells-Lamont complete version, and then referred to the "Jordan/Thompson test." *471 Hale v. Ruleville Health Care Ctr., 687 So.2d 1221, 1226-28 (Miss.1997).

2000However, we observe that the supreme court has, on at least one other occasion, quoted verbatim the rule announced in Jordan v. Herculesin the process of analyzing a workers compensation case, although the court, later in its opinion, *1202 acknowledged the continued viability of Thompson v. Wells-Lamont Corp ., and, in fact, appeared to blur the distinction between the two cases by discussing the "Jordan/Thompson test." See Hale v. Ruleville Health Care Center, 687 So.2d 1221, 1226-28 (Miss.1997). ¶ 10.

22
Fuselier v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2018–2018
2 sentences

2018Fuselier 13 v. State, 654 So. 2d 519, 522 (Miss. 1995) (holding that, while constitutional questions not raised at trial are generally deemed waived, errors affecting fundamental constitutional rights may be excepted from procedural bars which would otherwise prohibit consideration).

2018Fuselier v. State , 654 So.2d 519 , 522 (Miss. 1995) (holding that, while constitutional questions not raised at trial are generally deemed waived, errors affecting fundamental constitutional rights may be excepted from procedural bars which would otherwise prohibit consideration).

11
Thompson v. Dung Thi Hoang Nguyengreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013Id. at 238 (¶¶ 21-22). ¶ 13.

11
Goforth v. City of Ridgelandgreen
miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010The Mississippi Supreme Court has previously held that Mississippi’s Constitution “provides that an accused of right may have compulsory process for obtaining witnesses in his favor, but this does not mean he may subpoena anybody or anything as he pleases.” Goforth v. City of Ridgeland, 603 So.2d 323, 327 (Miss.1992).

11
Lifestyle Furnishings v. Tollisongreen
missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2010–2010
1 sentence

2010Tollison, 985 So.2d at 359-60 (¶21).

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 (10)

CaseCitedYears
Thompson v. State neutral
miss · 1903
2 sentences

2009Later, we expressly denounced Thompson, stating as follows: The principle sought to be invoked in this instruction was never applicable to testimony, except that of circumstantial evidence alone, and was improperly applied in Thompson v. State, 83 Miss. 287 , 35 So. 689 , to the testimony of eyewitnesses; and, as stated above, has since been- disapproved many times.

2009Later, we expressly denounced Thompson, stating as follows: The principle sought to be invoked in this instruction was never applicable to testimony, except that of circumstantial evidence alone, and was improperly applied in Thompson v. State, 83 Miss. 287 , 35 So. 689 , to the testimony of eyewitnesses; and, as stated above, has since been disapproved many times.

22005–2009
Saucier v. State neutral
· 1912
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22005–2009
Brady v. State green
· 1922
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22005–2009
Pickens v. State green
miss · 1922
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. *661 858 (1912) (affirming, without comment, the trial court's refusal to allow the instruction in Thompson phraseology) (citing Runnels and Roux ); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier ); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22005–2009
Wiley v. State neutral
· 1922
2 sentences

2009Id.; see. also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. 858 (1912) (affirming, without comment, the trial court’s refusal to allow the in-, struction in Thompson phraseology) (citing Runnels and Ronx); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

2009Id.; see also (in chronological order) Roux v. City of Gulfport, 97 Miss. 559 , 52 So. 485 (1910) (holding same, but reading Runnels as condemning the substance of the Thompson instruction); cf. Saucier v. State, 102 Miss. 647 , 59 So. *661 858 (1912) (affirming, without comment, the trial court's refusal to allow the instruction in Thompson phraseology) (citing Runnels and Roux ); Wiley v. State, 129 Miss. 196 , 91 So. 906 (1922) (same) (citing Runnels, Roux, and Saucier ); Brady v. State, 128 Miss. 575 , 91 So. 277 (1922) (same) (citing same). ¶ 154.

22005–2009
Jordan v. Hercules, Inc. green
miss · 1992
1 sentence

2025The AJ applied the Jordan/Thompson test—which consists of two methods our supreme court has recognized to determine whether a claimant has established a prima facie case for total disability,2 as set forth in Jordan v. Hercules Inc., 600 So. 2d 179 (Miss. 1992), and Thompson v. Wells-Lamont Corp., 362 So. 2d 638 (Miss. 1978).

12025–2025
Thompson v. Wells-Lamont Corp. green
miss · 1978
1 sentence

2025The AJ applied the Jordan/Thompson test—which consists of two methods our supreme court has recognized to determine whether a claimant has established a prima facie case for total disability,2 as set forth in Jordan v. Hercules Inc., 600 So. 2d 179 (Miss. 1992), and Thompson v. Wells-Lamont Corp., 362 So. 2d 638 (Miss. 1978).

12025–2025
Fair v. Mississippi Department of Employment Security green
missctapp · 2013
1 sentence

2022Specifically, Thompson’s brief fails to contain a certificate of interested persons, tables, statement of assignment, statement of the case, or summary of the argument. “[T]his noncompliance alone serves as a procedural bar to our review.” Id.

12022–2022
White v. State green
miss · 1979
1 sentence

1979The first contention here is that it was error to overrule Thompson's motion to quash the indictment upon the ground that he had been "deprived of due process and equal protection of his rights under the 14th Amendment in that it was the pattern and practice in Rankin County in the selection of the grand jury foreman discriminated against and totally excluded blacks." This same contention was advanced in White, supra, and decided against the appellant.

11979–1979
Rose v. Mitchell green
scotus · 1979
2 sentences

1979This ruling is supported by the decision of the United States Supreme Court in Rose v. Mitchell, ___ U.S. ___, 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979).

1979This ruling is supported by the decision of the United States Supreme Court in Rose v. Mitchell, ___ U.S. ___, 99 S.Ct. 2993 , 61 L.Ed.2d 739 (1979).

11979–1979

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (3) MS § Miss. Code Ann. § 97-3-73 (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

TX 47 (1942–2026) CA 37 (1971–2025) OH 26 (1990–2026) WA 24 (1996–2026) PA 23 (1985–2025) GA 23 (1987–2026) FL 22 (1985–2019) IL 20 (1978–2026) IA 18 (1992–2025) AL 14 (1985–2025) MS 11 (1979–2025) IN 10 (1999–2020) KS 8 (1973–2025) AR 8 (1979–2025) MI 8 (1902–2025) OR 7 (1995–2025) MD 7 (1987–2021) AZ 7 (1968–2022) ND 6 (1985–2011) SC 6 (2003–2019) ME 6 (1977–2022) DC 6 (1983–2016) MO 5 (1995–2025) NE 5 (1990–2023) MN 4 (1985–2016) NY 4 (1984–2011) VA 4 (1997–2023) WI 4 (1987–2023) UT 4 (2014–2025) DE 4 (1982–2026) ID 4 (1992–2016) CT 3 (2004–2010) MT 3 (1934–2015) VT 3 (2011–2024) NC 3 (1990–2014) CO 2 (2001–2021) WV 2 (2010–2017) SD 2 (1985–1997) TN 2 (1999–2004) KY 2 (1914–2000) OK 2 (2010–2015) NJ 2 (1971–2005)

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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