9 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.
| Case | Followed | Cited |
|---|---|---|
Young v. City of Brookhavengreen2 sentences2014Young v. City of Brookhaven, 693 So.2d 1355, 1358-61 (Miss.1997). 2014Young v. City of Brookhaven, 693 So. 2d 1355, 1358-61 (Miss. 1997). | 3 | 4 |
Graves v. Stategreen1 sentence2022In Graves v. State, 761 So. 2d 950, 954 (¶9) (Miss. | 1 | 1 |
Richbourg v. Stategreen2 sentences2003Richbourg v. State, 744 So.2d 352, 354 (Miss.Ct.App.1999). 2003Richbourg v. State, 744 So.2d 352, 354 (Miss.Ct.App.1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Malone v. City of Silverhill
green
2 sentences1997The Alabama Supreme Court in Malone v. City of Silverhill, 575 So.2d 106 (Ala. 1990) stated "[t]he problem created by the improper admission of the HGN evidence is due to *1360 the scientific nature of the test and the disproportionate impact it might have had on the jury's decision-making process... . a jury `might give undue weight to [HGN] evidence since it may appear to lend the certainty of an exact discipline to problematic fact finding.'" Malone, 575 So.2d at 106 . 1997The Alabama Supreme Court in Malone v. City of Silverhill, 575 So.2d 106 (Ala. 1990) stated "[t]he problem created by the improper admission of the HGN evidence is due to *1360 the scientific nature of the test and the disproportionate impact it might have had on the jury's decision-making process... . a jury `might give undue weight to [HGN] evidence since it may appear to lend the certainty of an exact discipline to problematic fact finding.'" Malone, 575 So.2d at 106 . | 2 | 1994–1997 |
Holmes v. State
green
1 sentence2015Sellers attacks the way the tests were administered, the officers’ recollection of one of the clues, and the like; but she presents only a single authority in support of her argument: Holmes v. State, 740 So.2d 952 (Miss.Ct.App.1999), which she erroneously argues entirely prohibits the use of horizontal gaze nystagmus test. | 1 | 2015–2015 |
Polk v. State
green
1 sentence1997Polk requires that "the thing from which the deduction is made [be] sufficiently established to have gained general acceptance in the particular field in which it belongs." Polk, 612 So.2d at 390 . [2] Young asserts that even though the trial court ruled in a motion in limine that the horizontal gaze nystagmus test and the "ABC" test could not be allowed as scientific evidence to "determine a specific level of blood alcohol," it was actually allowed at trial. | 1 | 1997–1997 |
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.
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.