manner presumption (Mississippi) · Go Syfert
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manner presumption in Mississippi

10 Mississippi opinions name it 2 courts 1993–2023 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 (3)

CaseFollowedCited
ADAMS COMMUNITY CARE CENTER, LLC v. Reedgreen
miss · 2010 · cited in 3 Mississippi opinions naming this issue, 2017–2023
2 sentences

2023And “[o]ur Legislature has very specifically provided the manner in which the presumption that an individual has capacity to make a health-care decision may be rebutted: by a primary physician determining lack of capacity.” Reed, 37 So. 3d at 1159 (emphasis omitted) (citing Miss.

2017"Our Legislature has very specifically provided the manner in which the presumption that an individual has capacity to make a health-care decision may be rebutted: by a primary physician determining lack of capacity." Id. (quoting Adams Cmty. Care Ctr. v. Reed , 37 So.3d 1155 , 1159 (¶ 10) (Miss. 2010) (citing § 41-41-211(1) )).

33
Shaw v. Stategreen
miss · 1989 · cited in 3 Mississippi opinions naming this issue, 1994–2008
2 sentences

2008Shaw v. State, 540 So.2d 26, 30 (Miss.1989).

2006Shaw v. State, 540 So. 2d 26, 30 (Miss. 1989).

23
Victoria Bankston v. CLC of Biloxi, LLCgreen
missctapp · 2017 · cited in 1 Mississippi opinions naming this issue, 2021–2021
1 sentence

2021“Our Legislature has very specifically provided the manner in which the presumption that an individual has capacity to make a health-care decision may be rebutted: by a primary physician determining lack of capacity.” Estate of Bankston, 240 So. 3d at 460 (¶14).

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 (3)

CaseCitedYears
Doss v. State green
miss · 1997
2 sentences

2004This Court found: "After reading the transcript in its entirety, it appears to this Court that the trial judge had the best of intentions in trying to discover anyone on the venire that was not impartial, although the manner in which the inquiry was done may have had a chilling effect." Doss , 709 So.2d at 382 . ¶ 18.

2004This Court found: "After reading the transcript in its entirety, it appears to this Court that the trial judge had the best of intentions in trying to discover anyone on the venire that was not impartial, although the manner in which the inquiry was done may have had a chilling effect." Doss, 709 So.2d at 382 . ¶ 18.

21993–2004
Hattiesburg Health & Rehab Center, LLC v. Emma Brown green
miss · 2015
1 sentence

2016Recently, in Hattiesburg Health & Rehab Center, LLC v. Brown, 176 So.3d 17 (Miss.2015), this Court said that it has “returned to a strict interpretation” of the Act: Our Legislature has very specifically provided the manner in which the presumption that an individual has capacity to make a health-care decision may be rebutted: by a primary physician determining lack of capacity.

12016–2016
Berry v. State green
miss · 1999
1 sentence

2000Armstrong also asserts that instruction 9-a is flawed in the same manner as the instruction that was condemned in Berry v. State , 728 So.2d 568 (Miss. 1999).

12000–2000

Statutes the citing opinions construe

MS § Miss. Code Ann. § 41-41-211 (4) MS § Miss. Code Ann. § 41-41-203 (3) MS § Miss. Code Ann. § 41-41-223 (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

NY 142 (1859–2026) CA 92 (1911–2025) TX 84 (1923–2026) IL 48 (1886–2026) PA 47 (1869–2025) OH 39 (1962–2025) FL 31 (1922–2024) MI 30 (1934–2023) GA 27 (1889–2026) AL 24 (1906–2025) CT 24 (1859–2020) NC 22 (1905–2024) NJ 19 (1939–2024) MO 19 (1884–2023) MN 17 (1902–2019) WA 15 (1980–2021) IN 15 (1887–2014) WV 12 (1873–2023) TN 12 (1975–2025) LA 12 (1953–2020) RI 12 (1965–2022) OK 11 (1913–2020) MS 10 (1993–2023) AZ 9 (1966–2026) WI 9 (1950–2019) ND 9 (1945–2022) CO 8 (1981–2026) OR 8 (1961–2023) IA 7 (1895–2019) KS 7 (1918–2014) MD 7 (1968–2024) AR 5 (1983–2019) UT 5 (1996–2019) MA 4 (1974–2015) VA 4 (1963–2016) DC 4 (1979–1990) MT 3 (1928–2023) ID 3 (1910–1989) KY 3 (2014–2021) HI 3 (1978–2022) SD 3 (1928–2013) VT 3 (1933–1991) NE 2 (1896–1939) DE 2 (1972–1987) NV 2 (1965–2013) PR 2 (1954–1986)

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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