Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 Mississippi opinions name it 2 courts 1998–2009 0 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 |
|---|---|---|
Payton v. Stategreen2 sentences2007Although the Payton court refused to adopt a per se reversible error rule, it held that "the use of the `send a message' argument may, depending upon the surrounding circumstances, constitute reversible error on its own." Id. at 271 (¶ 14). 2007The Payton court stated, "Standing alone, the district attorney's use of the `send a message' argument in this case would be reversible error because of the prejudice against Payton evidenced by his more severe sentence." Id. at 272 (¶ 15). | 6 | 7 |
Rushen v. Spaingreen2 sentences2009No Mississippi caselaw was found on whether this constitutes per se reversible error. 1 However, in Rushen v. Spain, 464 U.S. 114, 119 , 104 S.Ct. 453, 456 , 78 L.Ed.2d 267 (1983), the Supreme Court, in a per curiam opinion, held that an unrecorded ex parte communication between the trial judge and a juror can be harmless error, if the prejudicial effect can be adequately determined by a post-trial hearing, so as “to mitigate constitutional error, if any, that has occurred.” Rushen, 464 U.S. at 119-20 , 104 S.Ct. 453 (citations omitted). 2009No Mississippi caselaw was found on whether this constitutes per se reversible error. 1 However, in Rushen v. Spain, 464 U.S. 114, 119 , 104 S.Ct. 453, 456 , 78 L.Ed.2d 267 (1983), the Supreme Court, in a per curiam opinion, held that an unrecorded ex parte communication between the trial judge and a juror can be harmless error, if the prejudicial effect can be adequately determined by a post-trial hearing, so as “to mitigate constitutional error, if any, that has occurred.” Rushen, 464 U.S. at 119-20 , 104 S.Ct. 453 (citations omitted). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alexander v. State
green
2 sentences2000This Court tempered the holding in Alexanderby adopting Judge Southwick's concurring opinion, Id., at 1065 , and declined to adopt a per se reversible error rule. 1998This Court tempered the holding in Alexander by adopting Judge Southwick's concurring opinion, Id., at 1065 , and declined to adopt a per se reversible error rule. | 2 | 1998–2000 |
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.