pre-indictment analysis (Mississippi) · Go Syfert
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pre-indictment analysis in Mississippi

9 Mississippi opinions name it 1 courts 1994–2018 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.

Followed or applied (4)

CaseFollowedCited
Hooker v. Stategreen
miss · 1987 · cited in 9 Mississippi opinions naming this issue, 1994–2018
2 sentences

2018“In a pre- indictment analysis of due process violations . . . the burden of persuasion is on the defendant.” Stack v. State, 860 So. 2d 687, 700 (Miss. 2003) (citing Hooker v. State, 516 So. 2d 1349, 1351 (Miss. 1987)).

2007This Court has previously stated "in a pre-indictment analysis of due process violations that the burden of persuasion is on the defendant." Stack v. State, 860 So.2d 687, 700 (2003) ( citing Hooker v. State, 516 So.2d 1349, 1351 (Miss.1987)).

59
United States v. Clarence Duane Hendricksgreen
ca5 · 1981 · cited in 4 Mississippi opinions naming this issue, 1994–2003
2 sentences

2003Hooker v. State, 516 So.2d 1349, 1351 , (Miss.1987), citing United States v. Hendricks, 661 F.2d 38, 40 (5th Cir. 1981).

2001Hooker v. State, 516 So.2d 1349, 1351 , (Miss. 1987), citing United States v. Hendricks, 661 F.2d 38, 40 (5th Cir. 1981).

44
Stack v. Stategreen
miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2005–2018
2 sentences

2018“In a pre- indictment analysis of due process violations . . . the burden of persuasion is on the defendant.” Stack v. State, 860 So. 2d 687, 700 (Miss. 2003) (citing Hooker v. State, 516 So. 2d 1349, 1351 (Miss. 1987)).

2007This Court has previously stated "in a pre-indictment analysis of due process violations that the burden of persuasion is on the defendant." Stack v. State, 860 So.2d 687, 700 (2003) ( citing Hooker v. State, 516 So.2d 1349, 1351 (Miss.1987)).

33
Killen v. Stategreen
miss · 2007 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018For a defendant to succeed on a claim that his or her due- process rights were violated by a pre-indictment delay in prosecution, he or she must show that “(1) the pre-indictment delay prejudiced that defendant, and (2) the delay was an intentional device used by the government to obtain a tactical advantage over the accused.” Killen v. State, 958 So. 2d 172, 189 (Miss. 2007) (citing Hooker, 516 So. 2d at 1351 ). ¶53.

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 (3)

CaseCitedYears
United States v. Marion green
scotus · 1971
2 sentences

2007In order to analyze claims of due process violations for pre-indictment delay in bringing prosecutions, the United States Supreme Court set forth the two-prong test in United States v. Marion, 404 U.S. 307, 324 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971), and Lovasco, 431 U.S. at 795-96 , 97 S.Ct. 2044 .

2007In order to analyze claims of due process violations for pre-indictment delay in bringing prosecutions, the United States Supreme Court set forth the two-prong test in United States v. Marion, 404 U.S. 307, 324 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971), and Lovasco, 431 U.S. at 795-96 , 97 S.Ct. 2044 .

22005–2007
De La Beckwith v. State green
miss · 1997
2 sentences

2002Beckwith v. State, 707 So.2d at 569 (citing Hooker v. State, 516 So.2d 1349, 1351 (Miss.1987)).

1999Beckwith v. State, 707 So.2d at 569 (citing Hooker v. State, 516 So.2d 1349, 1351 (Miss. 1987)).

21999–2002
United States v. Lovasco green
scotus · 1977
2 sentences

2007In order to analyze claims of due process violations for pre-indictment delay in bringing prosecutions, the United States Supreme Court set forth the two-prong test in United States v. Marion, 404 U.S. 307, 324 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971), and Lovasco, 431 U.S. at 795-96 , 97 S.Ct. 2044 .

2007In order to analyze claims of due process violations for pre-indictment delay in bringing prosecutions, the United States Supreme Court set forth the two-prong test in United States v. Marion, 404 U.S. 307, 324 , 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971), and Lovasco, 431 U.S. at 795-96 , 97 S.Ct. 2044 .

12007–2007

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-1-5 (4)

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

MS 9 (1994–2018) GA 2 (1980–1982) TX 2 (1994–2015)

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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