three Barker factors (Mississippi) · Go Syfert
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three Barker factors in Mississippi

10 Mississippi opinions name it 2 courts 1994–2022 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 (7)

CaseFollowedCited
Jasso v. Stategreen
miss · 1995 · cited in 2 Mississippi opinions naming this issue, 2008–2011
2 sentences

2011On the contrary, when the length of delay is presumptively prejudicial, the burden of persuasion is on the state to show that the delay did not prejudice the defendant.”); Jasso v. State, 655 So.2d 30, 35 (Miss.1995) ("This Court has stated that the State actually has to show lack of prejudice in order to prevail in this factor.”); Ross, 605 So.2d at 23 (“The analysis must, then, proceed to the other three Barker factors, in which the state bears the burden of proving no prejudice to the defendant.”). .Black's Law Dictionary 1304 (9th ed.2009) (emphasis added). .

2008On the contrary, when the length of delay is presumptively prejudicial, the burden of persuasion is on the state to show that the delay did not prejudice the defendant.”); Jasso v. State, 655 So. 2d 30, 35 (Miss. 1995) (“This Court has stated that the State actually has to show lack of prejudice in order to prevail in this factor.”); Ross, 605 So. 2d at 23 (“The analysis must, then, proceed to the other three Barker factors, in which the state bears the burden of proving no prejudice to the defendant.”). 108 Black’s Law Dictionary 1304 (9th ed. 2009) (emphasis added). 34 ¶86.

22
Ross v. Stategreen
miss · 1992 · cited in 2 Mississippi opinions naming this issue, 2008–2011
2 sentences

2011On the contrary, when the length of delay is presumptively prejudicial, the burden of persuasion is on the state to show that the delay did not prejudice the defendant.”); Jasso v. State, 655 So.2d 30, 35 (Miss.1995) ("This Court has stated that the State actually has to show lack of prejudice in order to prevail in this factor.”); Ross, 605 So.2d at 23 (“The analysis must, then, proceed to the other three Barker factors, in which the state bears the burden of proving no prejudice to the defendant.”). .Black's Law Dictionary 1304 (9th ed.2009) (emphasis added). .

2008On the contrary, when the length of delay is presumptively prejudicial, the burden of persuasion is on the state to show that the delay did not prejudice the defendant.”); Jasso v. State, 655 So. 2d 30, 35 (Miss. 1995) (“This Court has stated that the State actually has to show lack of prejudice in order to prevail in this factor.”); Ross, 605 So. 2d at 23 (“The analysis must, then, proceed to the other three Barker factors, in which the state bears the burden of proving no prejudice to the defendant.”). 108 Black’s Law Dictionary 1304 (9th ed. 2009) (emphasis added). 34 ¶86.

22
Smith v. Stategreen
miss · 1989 · cited in 2 Mississippi opinions naming this issue, 2017–2022
2 sentences

2022Smith v. State, 550 So. 2d 406, 408 (Miss. 1989).

2017Id.

12
United States v. Homer Lee Tuckergreen
ca9 · 1993 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Most importantly, a “due[-]process violation cannot be established absent a showing of prejudice to the appellant.” Jackson v. State, 910 So.2d 658, 665 (¶ 17) (Miss.Ct.App.2005) (quoting United States v. Tucker, 8 F.3d 673, 676 (9th Cir.1993)).

11
Jackson v. Stategreen
missctapp · 2005 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012Most importantly, a “due[-]process violation cannot be established absent a showing of prejudice to the appellant.” Jackson v. State, 910 So.2d 658, 665 (¶ 17) (Miss.Ct.App.2005) (quoting United States v. Tucker, 8 F.3d 673, 676 (9th Cir.1993)).

11
State v. Woodallgreen
miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006Woodall, 801 So.2d at 682 (¶ 12).

11
State v. Fergusongreen
miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2005–2005
1 sentence

2005State v. Ferguson, 576 So.2d 1252, 1254 (Miss.1991).

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 (4)

CaseCitedYears
Price v. State green
miss · 2005
2 sentences

2010Her-sick, 904 So.2d at 121; Price, 898 So.2d at 647 .

2009Hersick, 904 So. 2d at 121 ; Price, 898 So. 2d at 647 .

22009–2010
Doggett v. United States green
scotus · 1992
2 sentences

2011Doggett v. United States, 505 U.S. 647 , 652 n. 1, 112 S.Ct. 2686, 2691 , 120 L.Ed.2d 520 (1992). .

2011Doggett v. United States, 505 U.S. 647 , 652 n. 1, 112 S.Ct. 2686, 2691 , 120 L.Ed.2d 520 (1992). .

12011–2011
Hersick v. State green
miss · 2004
1 sentence

2009Hersick, 904 So. 2d at 121 ; Price, 898 So. 2d at 647 .

12009–2009
Jaco v. State green
miss · 1990
1 sentence

1994Jaco, 574 So.2d at 630 .

11994–1994

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-17-1 (4) MS § Miss. Code Ann. § 99-19-83 (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

NM 39 (1989–2025) TX 29 (1996–2025) AL 23 (1977–2024) LA 14 (2007–2025) MS 10 (1994–2022) TN 7 (1997–2026) NC 7 (2002–2025) WY 7 (2016–2023) NH 5 (1990–2015) DE 4 (1987–2025) GA 4 (2005–2020) OH 4 (2011–2025) WI 3 (1990–2023) RI 3 (1979–2003) MO 3 (2012–2023) VI 3 (2011–2026) OR 2 (1994–2000) MN 2 (1988–1999)

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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