considers factors (Mississippi) · Go Syfert
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considers factors in Mississippi

10 Mississippi opinions name it 2 courts 1987–2023 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.

Followed or applied (5)

CaseFollowedCited
Miller v. Meeksgreen
miss · 2000 · cited in 2 Mississippi opinions naming this issue, 2001–2002
2 sentences

2002To determine whether a faculty physician at UMMC is an employee or an independent contractor for purposes of immunity under the MTCA, the Court considers the factors adopted in Miller v. Meeks, 762 So.2d 302, 310 (Miss.2000) which are: (1) the nature of the function performed by the employee; (2) the extent of the state's interest and involvement in the function; (3) the degree of control and direction exercised by the state over the employee; (4) whether the act complained of involved the use of judgment and discretion; and (5) whether the physician received compensation, either directly or i

2001To determine whether a faculty physician at UMMC is an employee or an independent contractor for purposes of immunity under the MTCA, the Court considers the factors adopted in Miller v. Meeks, 762 So.2d 302, 310 (Miss. 2000) which are: (1) the nature of the function performed by the employee; (2) the extent of the state's interest and involvement in the function; (3) the degree of control and direction exercised by the state over the employee; (4) whether the act complained of involved the use of judgment and discretion; and (5) whether the physician received compensation, either directly or

22
Nichols v. Stategreen
missctapp · 2009 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016This Court rarely second guesses trial counsel regarding matters of trial strategy.” Nichols, 27 So.3d at 443 (¶ 36).

11
Bush v. Statered
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013When this Court considers a challenge to the weight of the evidence, the verdict, viewed in the light most favorable to it, will only be disturbed “when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Bush v. State, 895 So.2d 836, 844 (¶ 18) (Miss.2005). ¶ 12.

11
Carter v. Harkeygreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2002–2002
1 sentence

2002The Nature of the Function Performed by Dr. Harkey ¶ 8.

11
Cheatham v. Cheathamgreen
miss · 1988 · cited in 1 Mississippi opinions naming this issue, 1996–1996
1 sentence

1996When reviewing awards of lump sum alimony, this Court considers the factors first articulated in Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss.1988): whether the wife has made a substantial contribution to the accumulation of wealth by quitting her job to become a housewife or assist in the husband's business; whether the marriage was long; if the wife's separate income or estate is meager in comparison to that of the payor spouse; and whether she will have any financial security without lump sum alimony.

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 (6)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2016Again the Court considers the test articulated in Strickland, 466 U.S. at 686 , 104 S.Ct. 2062 . ¶ 18. “[C]ounsel’s choice of whether or not to ... call certain witnesses, ask certain questions, or make certain objections falls within the ambit of trial strategy.

1987The legal standard by which this Court considers a claim of ineffective assistance of counsel is Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

21987–2016
V'Nell L. Miskell v. State of Mississippi green
missctapp · 2018
1 sentence

2023“Second, this Court considers whether the defense counsel provoked the prosecution to make the challenged statement.” Id.

12023–2023
Reginald Jackson v. State of Mississippi green
miss · 2015
2 sentences

2018"Second, this Court considers whether the defense counsel provoked the prosecution to make the challenged statement." Id.

2018"After considering the two threshold questions, the Court then must determine (1) whether the remarks were improper, and (2) if so, whether the remarks prejudicially affected the accused's rights." Id. (internal quotation mark omitted). ¶ 44.

12018–2018
Spicer v. State green
miss · 2006
1 sentence

2015Id.

12015–2015
Spann v. Wal-Mart Stores, Inc. green
miss · 1997
1 sentence

1999In determining loss of wage earning capacity, this court considers factors such as "(1) an increase in general wage levels, (2) increased maturity or training, (3) longer hours worked, (4) *Page 1205 sympathy wages, (5) temporary and unpredictable character of post injury earnings, (6) his inability to work, (7) his failure to be hired elsewhere, and (8) the continuance of pain and any other related circumstances." Spann v. Wal-Mart Stores, Inc. , 700 So.2d 308 , 313 (Miss. 1997). 1 Thus, a determination should be made only after considering the evidence as a whole.

11999–1999
Creekmore v. Creekmore green
miss · 1995
1 sentence

1996Creekmore, 651 So. 2d at 517 .

11996–1996

Where else courts name it

IL 100 (1982–2026) IN 33 (1985–2020) CA 31 (1991–2026) TX 30 (1984–2026) OH 21 (2000–2026) IA 18 (1999–2025) WA 17 (1966–2025) UT 14 (1990–2020) KS 14 (1983–2026) MD 13 (1995–2025) MI 13 (1983–2026) AL 13 (1976–2017) VA 12 (1984–2020) DE 12 (1963–2026) MS 10 (1987–2023) ID 9 (1998–2026) TN 9 (2002–2024) GA 8 (2009–2025) NJ 7 (2019–2024) DC 7 (1974–2009) NY 7 (1954–2006) PA 7 (1974–2024) MN 7 (1995–2016) MO 7 (1991–2015) OR 7 (1999–2026) MA 6 (2003–2019) NC 6 (2003–2026) LA 5 (1995–2016) CT 5 (1992–2004) AZ 5 (1990–2023) WI 4 (2020–2025) ME 3 (2014–2023) MT 3 (1981–2007) CO 3 (2003–2025) FL 3 (1986–2019) RI 3 (1989–1998) OK 2 (1993–2010) VT 2 (2011–2019) NV 2 (2008–2024) WY 2 (1994–2000) AR 2 (2020–2021) SD 2 (1996–2000)

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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