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9 Mississippi opinions name it 2 courts 2007–2020 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 |
|---|---|---|
Ivy v. Stategreen2 sentences2012See, e.g., Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999) (holding “that errors affecting fundamental constitutional rights, such as the right to a legal sentence, may be excepted from” the three-year time-bar); Weaver v. State, 785 So.2d 1085, 1087 (¶ 6) (Miss.Ct.App.2001) (holding PCR motions “alleging an illegal sentence are not subject to the time[-]bar”). ¶ 11. 2011See id. at 507-08 (¶¶ 12-14); Kennedy v. State, 732 So.2d 184, 186-87 (¶ 8) (Miss.1999); Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999). ¶ 6. | 2 | 2 |
Rowland v. Statered2 sentences2020Rowland v. State, 98 So. 3d 1032 , 1035–36 (Miss. 2012), overruled on other grounds by Carson v. State, 212 So. 3d 22 (Miss. 2016). 2020Although an illegal-sentence claim is an exception to the time, waiver, and successive- writ bars, Rowland v. State, 98 So. 3d 1032, 1035-36 (Miss. 2012), overruled on other grounds by Carson v. State, 212 So. 3d 22 (Miss. 2016),. a defective-indictment claim-which is the basis for Cummings's illegal-sentence claim-does not meet any recognized exception to the bars. | 1 | 2 |
Kevin Brown v. State of Mississippigreen1 sentence2020Chapman v. State, 167 So. 3d 1170, 1174-75 (Miss. 2015); Smith v. State, 149 So. 3d 1027, 1031 (Miss. 2014), overruled on other grounds by Pitchford v. State, 240 So. 3d 1061 (Miss .. 2017); Bell v. State, 123 So. 3d 924, 925 (Miss. 2013); Rowland, 98 So. 3d at 1035-36 ; see also Brown v. State, 187 So. 3d 667, 671 (Miss. | 1 | 1 |
Bell v. Stategreen1 sentence2020Chapman v. State, 167 So. 3d 1170, 1174-75 (Miss. 2015); Smith v. State, 149 So. 3d 1027, 1031 (Miss. 2014), overruled on other grounds by Pitchford v. State, 240 So. 3d 1061 (Miss .. 2017); Bell v. State, 123 So. 3d 924, 925 (Miss. 2013); Rowland, 98 So. 3d at 1035-36 ; see also Brown v. State, 187 So. 3d 667, 671 (Miss. | 1 | 1 |
Eric James Foster v. State of Mississippigreen1 sentence2020Foster v. State, 148 So. 3d 1012, 1016 (¶12) (Miss. 2014). | 1 | 1 |
Donald Keith Smith v. State of Mississippigreen1 sentence2020Chapman v. State, 167 So. 3d 1170, 1174-75 (Miss. 2015); Smith v. State, 149 So. 3d 1027, 1031 (Miss. 2014), overruled on other grounds by Pitchford v. State, 240 So. 3d 1061 (Miss .. 2017); Bell v. State, 123 So. 3d 924, 925 (Miss. 2013); Rowland, 98 So. 3d at 1035-36 ; see also Brown v. State, 187 So. 3d 667, 671 (Miss. | 1 | 1 |
Richard Chapman v. State of Mississippigreen1 sentence2020Chapman v. State, 167 So. 3d 1170, 1174-75 (Miss. 2015); Smith v. State, 149 So. 3d 1027, 1031 (Miss. 2014), overruled on other grounds by Pitchford v. State, 240 So. 3d 1061 (Miss .. 2017); Bell v. State, 123 So. 3d 924, 925 (Miss. 2013); Rowland, 98 So. 3d at 1035-36 ; see also Brown v. State, 187 So. 3d 667, 671 (Miss. | 1 | 1 |
Sneed v. Stategreen1 sentence2015Sneed v. State, 722 So. 2d 1255, 1257 (¶11) (Miss. 1998) (citation omitted). | 1 | 1 |
Means v. Stategreen1 sentence2014Means v. State, 43 So.3d 438, 442 (¶ 12) (Miss.2010). | 1 | 1 |
Weaver v. Stategreen1 sentence2012See, e.g., Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999) (holding “that errors affecting fundamental constitutional rights, such as the right to a legal sentence, may be excepted from” the three-year time-bar); Weaver v. State, 785 So.2d 1085, 1087 (¶ 6) (Miss.Ct.App.2001) (holding PCR motions “alleging an illegal sentence are not subject to the time[-]bar”). ¶ 11. | 1 | 1 |
Hannah v. Stategreen1 sentence2012But a defendant does not – simply by pleading guilty – waive the right to challenge a sentence that is, as a matter of law, illegal.2 Even if an illegal sentence claim can be waived, the waiver must be voluntarily and knowingly made because “[a] plea of guilty is not binding upon a criminal defendant unless it is entered voluntarily and intelligently.” 3 1 Hannah v. State, 943 So. 2d 20, 25 (Miss. 2006). 2 Berry v. State, 722 So. 2d 706, 707 (Miss. 1998); see also Burns v. State, 344 So. 2d 1189, 1190 (Miss. 1977). 3 Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992) (citing Myers v. State | 1 | 1 |
Alexander v. Stategreen1 sentence2012But a defendant does not – simply by pleading guilty – waive the right to challenge a sentence that is, as a matter of law, illegal.2 Even if an illegal sentence claim can be waived, the waiver must be voluntarily and knowingly made because “[a] plea of guilty is not binding upon a criminal defendant unless it is entered voluntarily and intelligently.” 3 1 Hannah v. State, 943 So. 2d 20, 25 (Miss. 2006). 2 Berry v. State, 722 So. 2d 706, 707 (Miss. 1998); see also Burns v. State, 344 So. 2d 1189, 1190 (Miss. 1977). 3 Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992) (citing Myers v. State | 1 | 1 |
Berry v. Stategreen1 sentence2012But a defendant does not – simply by pleading guilty – waive the right to challenge a sentence that is, as a matter of law, illegal.2 Even if an illegal sentence claim can be waived, the waiver must be voluntarily and knowingly made because “[a] plea of guilty is not binding upon a criminal defendant unless it is entered voluntarily and intelligently.” 3 1 Hannah v. State, 943 So. 2d 20, 25 (Miss. 2006). 2 Berry v. State, 722 So. 2d 706, 707 (Miss. 1998); see also Burns v. State, 344 So. 2d 1189, 1190 (Miss. 1977). 3 Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992) (citing Myers v. State | 1 | 1 |
Myers v. Stategreen1 sentence2012But a defendant does not – simply by pleading guilty – waive the right to challenge a sentence that is, as a matter of law, illegal.2 Even if an illegal sentence claim can be waived, the waiver must be voluntarily and knowingly made because “[a] plea of guilty is not binding upon a criminal defendant unless it is entered voluntarily and intelligently.” 3 1 Hannah v. State, 943 So. 2d 20, 25 (Miss. 2006). 2 Berry v. State, 722 So. 2d 706, 707 (Miss. 1998); see also Burns v. State, 344 So. 2d 1189, 1190 (Miss. 1977). 3 Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992) (citing Myers v. State | 1 | 1 |
Burns v. Stategreen1 sentence2012But a defendant does not – simply by pleading guilty – waive the right to challenge a sentence that is, as a matter of law, illegal.2 Even if an illegal sentence claim can be waived, the waiver must be voluntarily and knowingly made because “[a] plea of guilty is not binding upon a criminal defendant unless it is entered voluntarily and intelligently.” 3 1 Hannah v. State, 943 So. 2d 20, 25 (Miss. 2006). 2 Berry v. State, 722 So. 2d 706, 707 (Miss. 1998); see also Burns v. State, 344 So. 2d 1189, 1190 (Miss. 1977). 3 Alexander v. State, 605 So. 2d 1170, 1172 (Miss. 1992) (citing Myers v. State | 1 | 1 |
Rowland v. Statered1 sentence2011See id. at 507-08 (¶¶ 12-14); Kennedy v. State, 732 So.2d 184, 186-87 (¶ 8) (Miss.1999); Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999). ¶ 6. | 1 | 1 |
Kennedy v. Stategreen1 sentence2011See id. at 507-08 (¶¶ 12-14); Kennedy v. State, 732 So.2d 184, 186-87 (¶ 8) (Miss.1999); Ivy v. State, 731 So.2d 601, 603 (¶¶ 13-14) (Miss.1999). ¶ 6. | 1 | 1 |
Cook v. Stategreen1 sentence2007Ct.App.2005) (stating that defendant cannot reap the favorable benefits of an illegal sentence and then claim prejudice as a result thereof); Cook v. State, 910 So.2d 745, 747 (¶ 10) (Miss.Ct.App.2005) (holding that "an individual may not plead guilty to a crime, receive a lesser sentence than what is prescribed by statute, and then use the more lenient sentence as a sword to attack the entire sentence as illegal"). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Robert Carson v. State of Mississippi
green
2 sentences2020Rowland v. State, 98 So. 3d 1032 , 1035–36 (Miss. 2012), overruled on other grounds by Carson v. State, 212 So. 3d 22 (Miss. 2016). 2020Although an illegal-sentence claim is an exception to the time, waiver, and successive- writ bars, Rowland v. State, 98 So. 3d 1032, 1035-36 (Miss. 2012), overruled on other grounds by Carson v. State, 212 So. 3d 22 (Miss. 2016),. a defective-indictment claim-which is the basis for Cummings's illegal-sentence claim-does not meet any recognized exception to the bars. | 2 | 2020–2020 |
Terry Pitchford v. State of Mississippi
green
1 sentence2020Chapman v. State, 167 So. 3d 1170, 1174-75 (Miss. 2015); Smith v. State, 149 So. 3d 1027, 1031 (Miss. 2014), overruled on other grounds by Pitchford v. State, 240 So. 3d 1061 (Miss .. 2017); Bell v. State, 123 So. 3d 924, 925 (Miss. 2013); Rowland, 98 So. 3d at 1035-36 ; see also Brown v. State, 187 So. 3d 667, 671 (Miss. | 1 | 2020–2020 |
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.