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10 Mississippi opinions name it 1 courts 1934–2010 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 |
|---|---|---|
United States v. Wiltbergergreen2 sentences2007Chief Justice John Marshall wrote that this ancient rule of statutory interpretation "is founded on the tenderness of the law *841 for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department." U.S. v. Wiltberger, 18 U.S. (5 Wheat.) 76, 95 , 5 L.Ed. 37, 42 (1820). 2007Chief Justice John Marshall wrote that this ancient rule of statutory interpretation "is founded on the tenderness of the law *841 for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department." U.S. v. Wiltberger, 18 U.S. (5 Wheat.) 76, 95 , 5 L.Ed. 37, 42 (1820). | 1 | 2 |
Sullivan v. Stategreen2 sentences1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. 1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. | 1 | 1 |
Calhoun v. Stategreen2 sentences1963See Lupo v. State, 191 So. 491 (Miss.) In the case of Calhoun v. State, 191 Miss. 82 , 2 So. 2d 802 (1941), this Court again pointed out the ancient rule and said: “It was held in Davis v. State, 50 Miss. 86 , that the possession must be recent after the loss in order to impute guilt; and this presumption is founded *362 on the manifest reason that, where goods have been taken from one person, and are quickly thereafter found in the possession of another, there is a strong probability that they were taken by the latter. * * * It was held in that case that where a man, in whose possession stole 1963See Lupo v. State, 191 So. 491 (Miss.) In the case of Calhoun v. State, 191 Miss. 82 , 2 So. 2d 802 (1941), this Court again pointed out the ancient rule and said: “It was held in Davis v. State, 50 Miss. 86 , that the possession must be recent after the loss in order to impute guilt; and this presumption is founded *362 on the manifest reason that, where goods have been taken from one person, and are quickly thereafter found in the possession of another, there is a strong probability that they were taken by the latter. * * * It was held in that case that where a man, in whose possession stole | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jenkins v. Pensacola Health Trust, Inc.
green
2 sentences2010However, in Jenkins v. Pensacola Health Trust, Inc., 933 So.2d 923 , this Court overruled Gentry , marking a substantial departure from this state's ancient rule. 2010However, in Jenkins v. Pensacola Health Trust, Inc., 933 So.2d 923 , this Court overruled Gentry , marking a substantial departure from this state’s ancient rule. | 2 | 2008–2010 |
Pruett v. City of Rosedale
red
1 sentence1993In Pruett v. City of Rosedale, 421 So.2d 1046 (Miss. 1982), we reviewed the sovereign immunity doctrine history which emanated from the ancient principle that "the king can do no wrong." In Pruett , we related that our history is fraught with theories and action diametrically opposed to the sovereign immunity doctrine. | 1 | 1993–1993 |
Carlisle v. State
green
1 sentence1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. | 1 | 1988–1988 |
Hale v. State
green
1 sentence1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. | 1 | 1988–1988 |
Patty v. State
green
2 sentences1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. 1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. | 1 | 1988–1988 |
Mitchell v. State
green
2 sentences1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. 1988See Morrow v. State, 57 Miss, 836; Hale v. State, 72 Miss. 140 , 16 So. 387 ; Carlisle v. State, 73 Miss. 387 , 19 So. 207 ; Patty v. State, 126 Miss. 94 , 88 So. 498 ; Mitchell v. State, 171 Miss. 4 , 156 So. 654 . [Emphasis added] In Sullivan v. State, 213 Miss. 14, 27 , 56 So.2d 93, 100 (1952), the defendant was charged with manslaughter as a result of a motor vehicle collision. | 1 | 1988–1988 |
Davis v. State
green
1 sentence1963See Lupo v. State, 191 So. 491 (Miss.) In the case of Calhoun v. State, 191 Miss. 82 , 2 So. 2d 802 (1941), this Court again pointed out the ancient rule and said: “It was held in Davis v. State, 50 Miss. 86 , that the possession must be recent after the loss in order to impute guilt; and this presumption is founded *362 on the manifest reason that, where goods have been taken from one person, and are quickly thereafter found in the possession of another, there is a strong probability that they were taken by the latter. * * * It was held in that case that where a man, in whose possession stole | 1 | 1963–1963 |
Minor v. State
green
2 sentences1963In the case of Minor v. State, 234 Miss. 140 , 106 So. 2d 41 , this Court quoted from 52 C. 1963In the case of Minor v. State, 234 Miss. 140 , 106 So. 2d 41 , this Court quoted from 52 C. | 1 | 1963–1963 |
State v. Pettaway.
neutral
1 sentence1951Banbury v. Gardner, Peerage cases; Rex v. Luffe, 8 East 173; State v. Petteway [Pettaway, 10 N. C. 623 ], 3 Hawks 623 ; 1 Phil. | 1 | 1951–1951 |
Hairston v. Hairston
green
1 sentence1936In Hairston v. Hairston, 27 Miss. 704 , 61 Am. | 1 | 1936–1936 |
Trembly v. State
neutral
1 sentence1934Nevertheless, the calling of talesmen by the judge from those then and there actually present in the courthouse is not so far a departure from the fundamentals of jury selection that it may not be done by the judge upon the request or by the consent of the party, as, for instance, in Trembly v. State, 20 Kan. 116 , and when a party does not then and there object, it is but proper to hold that his nonaction is equivalent to consent — there must be applied the ancient principle that a party who does not object when he should will not be heard later to object when he would. | 1 | 1934–1934 |
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.
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.