record of the plea hearing (Mississippi) · Go Syfert
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record of the plea hearing in Mississippi

9 Mississippi opinions name it 1 courts 2000–2019 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 (5)

CaseFollowedCited
Roland v. Stategreen
miss · 1995 · cited in 6 Mississippi opinions naming this issue, 2000–2005
2 sentences

2002The Mississippi Supreme Court concluded in Roland v. State, 666 So.2d 747, 751 (Miss.1995), that an evidentiary hearing is not necessary if the record of the plea hearing reflects that the defendant was advised of the rights of which he claims he was not aware.

2001The Supreme Court has stated that an evidentiary hearing is only necessary where the record of the plea hearing "does not reflect that [the petitioner] was advised concerning the rights of which he now claims ignorance." Roland v. State, 666 So.2d 747, 751 (Miss.1995).

56
Rogers v. Stategreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019If the defendant’s claims are totally contradicted by the record, the [circuit court] may rely heavily on statements made under oath.” Rogers v. State, 811 So. 2d 367, 370-71 (¶11) (Miss.

11
Rush v. Stategreen
missctapp · 2001 · cited in 1 Mississippi opinions naming this issue, 2012–2012
1 sentence

2012“When the record of the plea hearing belies the defendant’s claims, an evidentiary hearing is not required.” Rush v. State, 811 So.2d 431, 436 (¶ 12) (Miss.Ct.App.2001).

11
Simpson v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2002–2002
1 sentence

2002"When the record of the plea hearing belies the defendant's claims, an evidentiary hearing is not required." Simpson v. State, 678 So.2d 712, 716 (Miss.1996). ¶ 17.

11
Smith v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 2001–2001
1 sentence

2001In order for Rogers to prove the ineffective assistance of counsel claim, under Miss.Code Ann. § 99-39-11(2) (Supp.1997), the allegation must be alleged with specificity. "[H]e must specifically allege facts showing that effective assistance of counsel was not in fact rendered, and he must allege with specificity the fact that but for such purported actions by ineffective counsel, the results of the trial court decision would have been different." Smith v. State, 434 So.2d 212, 219 (Miss. 1983).

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 (1)

CaseCitedYears
Calvert v. State green
missctapp · 1998
1 sentence

2004This Court places great weight upon the sworn testimony of a defendant given during a plea hearing, Calvert v. State, 726 So.2d 228 (¶ 11) (Miss.Ct.App. 1998), and requires something more than mere assertions to disregard that testimony.

12004–2004

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-39-11 (4) MS § Miss. Code Ann. § 99-39-19 (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

OH 29 (2004–2025) WA 16 (1976–2023) GA 12 (1993–2024) MN 12 (2014–2017) MS 9 (2000–2019) TX 9 (1985–2024) MD 6 (2012–2018) UT 6 (1993–2015) FL 5 (1987–2002) MA 3 (2000–2002) MO 3 (2005–2024) IL 3 (1989–2020) NM 3 (2001–2007) NE 3 (2017–2025) ID 3 (2023–2024) NY 2 (1978–2024) WI 2 (1985–2022) VT 2 (1997–2018)

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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