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9 Mississippi opinions name it 2 courts 1992–2023 2 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 |
|---|---|---|
Teague v. Lanegreen2 sentences2022In Teague, 489 U.S. at 310 , the United States Supreme Court held that “[u]nless they fall within an exception to the general rule, new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” See also Montgomery, 577 U.S. at 200 (recognizing that “when a new 18 substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule” within the Teague framework (emphasis added)). 2022In Teague, 489 U.S. at 310 , the United States Supreme Court held that “[u]nless they fall within an exception to the general rule, new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” See also Montgomery, 577 U.S. at 200 (recognizing that “when a new 18 substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule” within the Teague framework (emphasis added)). | 1 | 8 |
Timothy Carr v. State of Mississippigreen2 sentences2023See Teague, 489 U.S. at 307 ; Carr v. State, 178 So. 3d 320, 328 (¶26) (Miss. 2015) (King, J., dissenting). 2023See Teague, 489 U.S. at 307 ; Carr v. State, 178 So. 3d 320, 328 (¶26) (Miss. 2015) (King, J., dissenting). | 1 | 1 |
Nixon v. Stategreen2 sentences2022The Teague Court held that for a new rule of constitutional criminal law to be applied retroactively, it must (1) “place a category of primary conduct beyond the reach of the criminal law [or] prohibit the punishment for a class of defendants,” Nixon v. State, 641 So. 2d 751, 755 (Miss. 1994) (citing Teague, 489 U.S. at 311 ), or (2) be a new “watershed rule[] of criminal procedure[.]” Teague, 489 U.S. at 311 . ¶35. 2022The Teague Court held that for a new rule of constitutional criminal law to be applied retroactively, it must (1) “place a category of primary conduct beyond the reach of the criminal law [or] prohibit the punishment for a class of defendants,” Nixon v. State, 641 So. 2d 751, 755 (Miss. 1994) (citing Teague, 489 U.S. at 311 ), or (2) be a new “watershed rule[] of criminal procedure[.]” Teague, 489 U.S. at 311 . ¶35. | 1 | 1 |
Montgomery v. Louisianagreen2 sentences2022In Teague, 489 U.S. at 310 , the United States Supreme Court held that “[u]nless they fall within an exception to the general rule, new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” See also Montgomery, 577 U.S. at 200 (recognizing that “when a new 18 substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule” within the Teague framework (emphasis added)). 2022In Teague, 489 U.S. at 310 , the United States Supreme Court held that “[u]nless they fall within an exception to the general rule, new constitutional rules of criminal procedure will not be applicable to those cases which have become final before the new rules are announced.” See also Montgomery, 577 U.S. at 200 (recognizing that “when a new 18 substantive rule of constitutional law controls the outcome of a case, the Constitution requires state collateral review courts to give retroactive effect to that rule” within the Teague framework (emphasis added)). | 1 | 1 |
Manning v. Stategreen2 sentences2015As our supreme court put it, “we take this opportunity to expressly state that in the future this Court will continue to apply the very limited retroactive application standard set forth by the United States Supreme Court in Teague v. Lane [ 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989)].” Manning v. State, 929 So.2d 885, 900 (¶ 42) (Miss.2006). 2015As our supreme court put it, “we take this opportunity to expressly state that in the future this Court will continue to apply the very limited retroactive application standard set forth by the United States Supreme Court in Teague v. Lane [ 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989)].” Manning v. State, 929 So.2d 885, 900 (¶ 42) (Miss.2006). | 1 | 1 |
Sochor v. Floridagreen2 sentences1992See Sochor v. Florida, ___ U.S. ___, 112 S.Ct. 2114 , 119 L.Ed.2d 326 (1992). 1992See Sochor v. Florida, ___ U.S. ___, 112 S.Ct. 2114 , 119 L.Ed.2d 326 (1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Godfrey v. Georgia
green
2 sentences1994However, the Supreme Court’s decision did not announce a new decision in Clemons for purposes of the Teague test; rather, it ”follow[ed], a fortion," from its previous decision in Godfrey v. Georgia, 446 U.S. 420 , 100 S.Ct. 1759 , 64 L.Ed.2d 398 (1990). 1994However, the Supreme Court’s decision did not announce a new decision in Clemons for purposes of the Teague test; rather, it ”follow[ed], a fortion," from its previous decision in Godfrey v. Georgia, 446 U.S. 420 , 100 S.Ct. 1759 , 64 L.Ed.2d 398 (1990). | 3 | 1992–1994 |
Clemons v. State
green
2 sentences1994Respect for finality of judgments had to yield to the necessity of correcting a decision erroneous at the time it was made, as was the case in Clemons v. State, 535 So.2d 1354 (Miss.1988). . 1994Respect for finality of judgments had to yield to the necessity of correcting a decision erroneous at the time it was made, as was the case in Clemons v. State, 535 So.2d 1354 (Miss.1988). . | 2 | 1994–1994 |
Sawyer v. Smith
green
2 sentences2015The Supreme Court later pointed out in Sawyer v. Smith, 497 U.S. 227, 234 , 110 S.Ct. 2822 , 111 L.Ed.2d 193 (1990), that “[t]he principle announced in Teague serves to ensure that gradual developments in the law over which reasonable jurists may disagree are not later used to upset the finality of state convictions valid when entered.” - ¶ 23;' Our state supreme court adopted the Teague analysis in Manning v. State. 2015The Supreme Court later pointed out in Sawyer v. Smith, 497 U.S. 227, 234 , 110 S.Ct. 2822 , 111 L.Ed.2d 193 (1990), that “[t]he principle announced in Teague serves to ensure that gradual developments in the law over which reasonable jurists may disagree are not later used to upset the finality of state convictions valid when entered.” - ¶ 23;' Our state supreme court adopted the Teague analysis in Manning v. State. | 1 | 2015–2015 |
Gilliard v. State
green
2 sentences1994Reference to the Teague test does not alter this Court’s confidence in the result of Gilliard v. State, 614 So.2d 370 (Miss.1992). 1994Reference to the Teague test does not alter this Court’s confidence in the result of Gilliard v. State, 614 So.2d 370 (Miss.1992). | 1 | 1994–1994 |
Powers v. Ohio
green
2 sentences1994Respect for finality of judgments had to yield to the necessity of correcting a decision erroneous at the time it was made, as was the case in Clemons v. State, 535 So.2d 1354 (Miss. 1988). [8] Section 99-39-21 provides in part that "[f]ailure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the State of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally 1994Respect for finality of judgments had to yield to the necessity of correcting a decision erroneous at the time it was made, as was the case in Clemons v. State, 535 So.2d 1354 (Miss. 1988). [8] Section 99-39-21 provides in part that "[f]ailure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the State of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally | 1 | 1994–1994 |
Clemons v. Mississippi
green
2 sentences1994The intervening decision in Gilliard was Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990), which invalidated a jury instruction long-given in this State. 1994The intervening decision in Gilliard was Clemons v. Mississippi, 494 U.S. 738 , 110 S.Ct. 1441 , 108 L.Ed.2d 725 (1990), which invalidated a jury instruction long-given in this State. | 1 | 1994–1994 |
Stringer v. Black
green
2 sentences1992The U.S. Supreme Court's recent decision in Stringer v. Black, ___ U.S. ___, 112 S.Ct. 1130 , 117 L.Ed.2d 367 (1992), held that Maynard did not "break new ground" for purposes of Teague analysis but was controlled by Godfrey v. Georgia, 446 U.S. 420 , 100 S.Ct. 1759 , 64 L.Ed.2d 398 (1980). 1992The U.S. Supreme Court's recent decision in Stringer v. Black, ___ U.S. ___, 112 S.Ct. 1130 , 117 L.Ed.2d 367 (1992), held that Maynard did not "break new ground" for purposes of Teague analysis but was controlled by Godfrey v. Georgia, 446 U.S. 420 , 100 S.Ct. 1759 , 64 L.Ed.2d 398 (1980). | 1 | 1992–1992 |
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.