non-exhaustive list factors (Mississippi) · Go Syfert
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non-exhaustive list factors in Mississippi

10 Mississippi opinions name it 2 courts 2006–2021 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 (4)

CaseFollowedCited
Poole Ex Rel. Poole v. Avaragreen
miss · 2005 · cited in 3 Mississippi opinions naming this issue, 2008–2011
2 sentences

2011See also Poole v. Avara, 908 So.2d 716, 724 (Miss.2005) (“Peer review by publication remains only one factor on a non-exhaustive list of factors for admissibility under evidence rules with a liberal thrust.

2011See also Poole v. Avara, 908 So.2d 716, 724 (Miss.2005) ("Peer review by publication remains only one factor on a non-exhaustive list of factors for admissibility under evidence rules with a liberal thrust. *938 Though helpful when present, publication and peer review are not absolutely required; their absence does not constitute automatic inadmissibility.") ¶ 31.

33
Mississippi Transp. Comm'n v. McLemoregreen
miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2007–2021
2 sentences

2021McLemore, 863 So. 2d at 37 (citing Daubert, 509 U.S. at 592-94 ).

2007Id. at 593-94 , 113 S.Ct. 2786 .

13
Davis v. Stategreen
missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2011–2011
1 sentence

2011In 2004, the Court of Appeals in Davis v. State found that a trial court did not err in allowing Dr. Matherne to testify regarding the "fist demonstration." Davis v. State, 878 So.2d 1020, 1024 (Miss.Ct.

11
Veasley v. Stategreen
miss · 1999 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006See Veasley v. State, 735 So. 2d 432, 436 (Miss. 1999). 8 whether the statements were spontaneous; (5) the timing of statements; (6) the relationship between the declarant and the witness; (7) the possibility of faulty recollection by the declarant is remote; (8) certainty that the statements were made; (9) the credibility of the witness testifying about the statements; (10) the declarant’s age or maturity; (11) whether suggestive techniques were used in eliciting the statement; and (12) whether the declarant’s age, knowledge and experience made it unlikely that the declarant fabricated.

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 (1)

CaseCitedYears
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
2 sentences

2014The United States Supreme Court in Daubert adopted a non-exhaustive list of factors for use in determining reliability, including (1) “whether the theory or technique can be and has been tested;” (2) “whether it has been subjected to peer review and publication;” (3) “whether, in respect to a particular technique, there is a high known or potential rate of error;” (4) “whether there are standards controlling the technique’s oper ation;” and (5) “whether the theory or technique enjoys general acceptance within a relevant scientific community.” McLe-more, 863 So.2d at 37 (citing Daubert, 509 U.S

2014The United States Supreme Court in Daubert adopted a non-exhaustive list of factors for use in determining reliability, including (1) “whether the theory or technique can be and has been tested;” (2) “whether it has been subjected to peer review and publication;” (3) “whether, in respect to a particular technique, there is a high known or potential rate of error;” (4) “whether there are standards controlling the technique’s oper ation;” and (5) “whether the theory or technique enjoys general acceptance within a relevant scientific community.” McLe-more, 863 So.2d at 37 (citing Daubert, 509 U.S

52006–2021

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-95 (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 350 (1993–2026) OH 98 (1999–2026) TN 53 (2001–2025) PA 43 (1985–2025) MI 31 (1990–2026) NJ 28 (1991–2025) MD 27 (2000–2026) CO 20 (2005–2025) CA 12 (2022–2025) IN 11 (1995–2019) MS 10 (2006–2021) WI 10 (2011–2024) GA 9 (1996–2021) FL 9 (2001–2026) DE 8 (2016–2026) ID 8 (2002–2026) NY 7 (2013–2025) AZ 6 (2003–2021) NM 5 (2011–2025) SC 5 (2023–2026) WA 5 (2006–2024) KY 5 (2014–2026) NC 5 (2016–2023) NV 4 (1991–2018) IA 4 (2020–2022) MT 4 (2020–2025) WY 4 (2008–2018) IL 4 (2021–2025) MO 3 (1992–2010) HI 3 (2020–2025) OR 3 (2017–2025) ND 2 (2023–2024) RI 2 (2012–2012) UT 2 (2022–2023) ME 2 (2009–2013)

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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