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10 Mississippi opinions name it 2 courts 1997–2023 1 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 |
|---|---|---|
McIlwain v. Stategreen2 sentences2003This Court in the DUI case McIlwain v. State, 700 So.2d 586, 590 (Miss.1997), held that: The relevancy and admissibility of evidence are largely within the discretion of the trial court and reversal may be had only where that discretion has been abused. 2002This Court in the DUI case McIlwain v. State, 700 So.2d 586, 590 (Miss. 1997), held that: The relevancy and admissibility of evidence are largely within the discretion of the trial court and reversal may be had only where that discretion has been abused. | 2 | 2 |
Young v. City of Brookhavengreen2 sentences1999See Young v. City of Brookhaven, 693 So.2d 1355, 1358 (Miss.1997). 1997See Young v. City of Brookhaven, 693 So.2d 1355, 1358 (Miss. 1997). | 2 | 2 |
Ivy v. City of Louisvillegreen2 sentences2023Further, in Ivy, 976 So. 2d at 953 (¶13), this Court rejected the same argument Edwards makes here, holding that law enforcement officers do not have to inform defendants of their right to have an independent BAC test under section 63-11-13. 2023Further, in Ivy, 976 So. 2d at 953 (¶13), this Court rejected the same argument Edwards makes here, holding that law enforcement officers do not have to inform defendants of their right to have an independent BAC test under section 63-11-13. | 1 | 1 |
Smith v. Stategreen1 sentence2013See Smith v. State, 942 So.2d 308, 314-15 (¶¶ 15-16) (Miss.Ct.App.2006) (BAC test was relevant and admissible despite being administered over four hours after accident). | 1 | 1 |
Wash v. Stategreen2 sentences2008In Wash v. State, 790 So.2d 856, 859 (¶ 10) (Miss.Ct.App.2001), this Court upheld admission of a BAC test which had not been obtained within the two-hour time frame suggested by the Legislature, stating: The statute provides that the test is to be administered within two hours of the accident “when possible.” Miss.Code Ann. § 63-11-8 (Rev.2000). 2008In Wash v. State, 790 So.2d 856, 859 (¶ 10) (Miss.Ct.App.2001), this Court upheld admission of a BAC test which had not been obtained within the two-hour time frame suggested by the Legislature, stating: The statute provides that the test is to be administered within two hours of the accident “when possible.” Miss.Code Ann. § 63-11-8 (Rev.2000). | 1 | 1 |
Whitehurst v. Stategreen1 sentence2007See Whitehurst v. State, 540 So. 2d 1319, 1323 (Miss. 1989). | 1 | 1 |
Government of the Virgin Islands v. Edward Stevengreen2 sentences2002In Leuer , the court referenced Government of Virgin Islands v. Steven, 134 F.3d 526, 528 (3rd Cir.1998) as secondary legal authority, where the court stated: That courts have recognized for over half a century that driving "under the influence" is commonly understood to mean driving in a state of intoxication that lessens a person's normal ability for clarity and control. 2002In Leuer , the court referenced Government of Virgin Islands v. Steven, 134 F.3d 526, 528 (3rd Cir.1998) as secondary legal authority, where the court stated: That courts have recognized for over half a century that driving "under the influence" is commonly understood to mean driving in a state of intoxication that lessens a person's normal ability for clarity and control. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mason v. State
green
1 sentence2001Last year a majority of this Court held § 63-11-30(1)(c) to be constitutional in Mason v. State, 781 So.2d 99 (2000) this 0.02% BAC standard simply means that a minor who has consumed only a beer or less is legally intoxicated. | 1 | 2001–2001 |
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.