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10 Mississippi opinions name it 2 courts 1990–2024 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.
| Case | Followed | Cited |
|---|---|---|
Harrison County School Bd. v. Morrealegreen2 sentences1999This Court has held "there is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process." United Cement v. Safe Air for the Env't, Inc., 558 So.2d 840, 842 (Miss.1990) ( citing Harrison County School Bd. v. Morreale, 538 So.2d 1196, 1202 (Miss.1989)). 1997This Court has held "there is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process." United Cement v. Safe Air for the Env't, Inc., 558 So. 2d 840, 842 (Miss. 1990) (citing Harrison County Bd. v. Morreale, 538 So. 2d 1196, 1202 (Miss. 1989)). | 6 | 6 |
United Cement v. Safe Air for the Env.green2 sentences2018In United Cement Company v. Safe Air for the Environment Inc. , 558 So.2d 840 , 842 (Miss. 1990), our supreme court explained that administrative hearings "are not trials and they are not governed by the same rules which apply in courts of law." "[T]here is a presumption that the officers conducting the hearing and the members of the [commission] behave honestly and fairly in the conduct of the hearings and in the decision-making process[,]" and that presumption is not overcome "[a]bsent some showing of personal or financial interest ... or evidence of misconduct ...." Id. ; see also Byrd v. G 2018In United Cement Company v. Safe Air for the Environment Inc. , 558 So.2d 840 , 842 (Miss. 1990), our supreme court explained that administrative hearings "are not trials and they are not governed by the same rules which apply in courts of law." "[T]here is a presumption that the officers conducting the hearing and the members of the [commission] behave honestly and fairly in the conduct of the hearings and in the decision-making process[,]" and that presumption is not overcome "[a]bsent some showing of personal or financial interest ... or evidence of misconduct ...." Id. ; see also Byrd v. G | 3 | 4 |
McFadden v. MISS. STATE BD. OF MEDICALgreen2 sentences2014“While administrative agencies may perform both investigative and adjudicative functions, those functions cannot be performed by the same person.” Id. at (¶ 23). “[T]here is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process.” McFadden, 735 So.2d at 158 (¶ 53). 2007"Courts err when they insist on agency procedures modeling themselves on the traditional view of the separation of powers." Kitchens v. Jerry Vowell Logging, 874 So.2d 456, 462 (¶ 19) (Miss.Ct.App.2004). "[T]here is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process." McFadden, 735 So.2d at 158 (¶ 53) (quoting United Cement v. Safe Air for the Env't, Inc., 558 So.2d 840, 842 (Miss.1990)). | 2 | 2 |
Kitchens v. Jerry Vowell Logginggreen1 sentence2007"Courts err when they insist on agency procedures modeling themselves on the traditional view of the separation of powers." Kitchens v. Jerry Vowell Logging, 874 So.2d 456, 462 (¶ 19) (Miss.Ct.App.2004). "[T]here is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process." McFadden, 735 So.2d at 158 (¶ 53) (quoting United Cement v. Safe Air for the Env't, Inc., 558 So.2d 840, 842 (Miss.1990)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Freeman v. PERS OF MISSISSIPPI
green
2 sentences2024In assessing the fairness and impartiality of an administrative hearing, we must also bear in mind that “[t]here is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly 23 in the conduct of the hearings and in the decision-making process.” Id. (quoting McFadden v. Miss. 2014“While administrative agencies may perform both investigative and adjudicative functions, those functions cannot be performed by the same person.” Id. at (¶ 23). “[T]here is a presumption that the officers conducting the hearing and the members of the Board behave honestly and fairly in the conduct of the hearings and in the decision-making process.” McFadden, 735 So.2d at 158 (¶ 53). | 2 | 2014–2024 |
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.