Bailey motion (Mississippi) · Go Syfert
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Bailey motion in Mississippi

8 Mississippi opinions name it 2 courts 1990–2021 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.

Followed or applied (9)

CaseFollowedCited
Robinson v. Stategreen
missctapp · 2000 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015The Court in Bailey relied on Robinson v. State, 758 So. 2d 480, 487 (Miss.

2015The Court in Bailey relied on Robinson v. State, 758 So.2d 480, 487 (Miss.Ct.App.2000), in which the Court of Appeals held that a declarant’s admission to acting in self-defense was not a statement against interest.

11
Bailey v. Stategreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015In Bailey v. State, 78 So. 3d 308, 318 (Miss. 2012), this Court held that a defendant’s statement in which he confessed to having killed in self-defense was not a statement against his interest because the statement, if true, constituted Bailey’s defense to criminal liability.

2015In Bailey v. State, 78 So.3d 308, 318 (Miss.2012), this Court held that a defendant’s statement in which he confessed to having killed in self-defense was not a statement against his interest because the statement, if true, constituted Bailey’s defense to criminal liability.

11
In Re Blakegreen
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012In re Blake, 912 So.2d 907, 917 (Miss.2005) (citing McFarland v. State, 707 So.2d 166, 180 (Miss.1997)). ¶ 63.

2012In re Blake, 912 So.2d 907, 917 (Miss.2005) (citing McFarland v. State, 707 So.2d 166, 180 (Miss.1997)). ¶ 63.

11
McFarland v. Stategreen
miss · 1998 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012In re Blake, 912 So.2d 907, 917 (Miss.2005) (citing McFarland v. State, 707 So.2d 166, 180 (Miss.1997)). ¶ 63.

2012In re Blake, 912 So.2d 907, 917 (Miss.2005) (citing McFarland v. State, 707 So.2d 166, 180 (Miss.1997)). ¶ 63.

11
Williamson v. Stategreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 2012–2012
2 sentences

2012As to Bailey’s claim of pretrial incarceration, this Court has held “[a] de fendant’s assertion of prejudice attributable solely to incarceration, with no other harm, typically is not sufficient to warrant reversal.” Ross, 605 So.2d at 28 (citing Williamson v. State, 512 So.2d 868, 877 (Miss.1987) (overruled on other grounds)).

2012As to Bailey's claim of pretrial incarceration, this Court has held "[a] defendant's *324 assertion of prejudice attributable solely to incarceration, with no other harm, typically is not sufficient to warrant reversal." Ross, 605 So.2d at 23 (citing Williamson v. State, 512 So.2d 868, 877 (Miss.1987) (overruled on other grounds)).

11
Sheppard v. Stategreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006See Sheppard, 777 So.2d at 661-62 (¶ 9).

11
Jones v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2006–2006
2 sentences

2006After the prosecution withdrew four of the photographs, the trial court overruled Bailey's objection as to the remaining fourteen photos and allowed them into evidence. ¶ 44. "[T]he admissibility of photographs generally lies within the sound discretion of the trial court; and, absent an abuse of discretion, the court's decision will be upheld on appeal." Jones v. State, 920 So.2d 465, 476 (¶ 35) (Miss.2006).

2006A trial judge's discretion in this area "runs toward almost unlimited admissibility regardless of the gruesomeness, repetitiveness, and the extenuation of probative value." Id.

11
Roy v. Kaysergreen
miss · 1987 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990Roy v. Kayser, 501 So.2d 1110, 1112 (Miss. 1987) (quoting Cole v. Burleson, 375 So.2d 1046, 1048 (Miss. 1979)).

11
Cole v. Burlesongreen
miss · 1979 · cited in 1 Mississippi opinions naming this issue, 1990–1990
1 sentence

1990Roy v. Kayser, 501 So.2d 1110, 1112 (Miss. 1987) (quoting Cole v. Burleson, 375 So.2d 1046, 1048 (Miss. 1979)).

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 (10)

CaseCitedYears
Elizabeth Weatherly Bailey v. Louis Rodney Luke Chamblee, Jr. green
missctapp · 2016
1 sentence

2021In Bailey this Court held that “Rule 4(h) provided no authority to reopen the time for appeal . . . because Bailey’s motion was not ‘filed within 180 days of entry of the judgment or order.’ It was filed approximately 473 days after the order was entered.” Id. 26 ¶47.

12021–2021
Smith v. Parkerson Lumber, Inc. green
miss · 2003
2 sentences

2016Rule 4(h) provided no authority to reopen the time for appeal in this case because Bailey’s motion was not “filed within 180 days of entry of the judgment or. order.” Id.

2016Rule 4(h) provided no authority to reopen the time for appeal in this case because Bailey’s motion was not “filed within 180 days of entry of the judgment or order.” Id.

12016–2016
Ross v. State green
miss · 1992
2 sentences

2012As to Bailey’s claim of pretrial incarceration, this Court has held “[a] de fendant’s assertion of prejudice attributable solely to incarceration, with no other harm, typically is not sufficient to warrant reversal.” Ross, 605 So.2d at 28 (citing Williamson v. State, 512 So.2d 868, 877 (Miss.1987) (overruled on other grounds)).

2012As to Bailey's claim of pretrial incarceration, this Court has held "[a] defendant's *324 assertion of prejudice attributable solely to incarceration, with no other harm, typically is not sufficient to warrant reversal." Ross, 605 So.2d at 23 (citing Williamson v. State, 512 So.2d 868, 877 (Miss.1987) (overruled on other grounds)).

12012–2012
Johnson v. State green
missctapp · 2008
2 sentences

2012The judge relied on the analysis in Johnson v. State, 9 So.3d 413 (Miss.Ct.App.2008), of the four-factor test for delay of trial previously announced in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

2012The judge relied on the analysis in Johnson v. State, 9 So.3d 413 (Miss.Ct.App.2008), of the four-factor test for delay of trial previously announced in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

12012–2012
Barker v. Wingo green
scotus · 1972
2 sentences

2012The judge relied on the analysis in Johnson v. State, 9 So.3d 413 (Miss.Ct.App.2008), of the four-factor test for delay of trial previously announced in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

2012The judge relied on the analysis in Johnson v. State, 9 So.3d 413 (Miss.Ct.App.2008), of the four-factor test for delay of trial previously announced in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

12012–2012
Barlow v. State green
miss · 1970
1 sentence

2007Bailey's entire argument on this particular testimony is the following statement: "As for [this issue], response as to why the investigating detective took the case to the Hinds County grand jury is in violation of Barlow v. State, 233 So.2d 829 (Miss.1970) and Acevedo v. State, 467 So.2d 220 (Miss. 1985), which found references to grand jury action during cross examination and discussion of grand jury action during closing the basis for reversal." ¶ 50.

12007–2007
Flowers v. State green
miss · 2003
1 sentence

2007On appeal, Bailey's entire argument regarding the prosecution's comment about Regina Bailey is as follows: "The prosecutor here referred to hearsay testimony not even in evidence from a witness who never even testified, his [sic] niece, Regina Bailey." Bailey then references Flowers v. State, 773 So.2d 309 (Miss.2000) and Flowers v. State, 842 So.2d 531 (Miss. 2003). ¶ 64.

12007–2007
Acevedo v. State green
miss · 1985
1 sentence

2007Bailey's entire argument on this particular testimony is the following statement: "As for [this issue], response as to why the investigating detective took the case to the Hinds County grand jury is in violation of Barlow v. State, 233 So.2d 829 (Miss.1970) and Acevedo v. State, 467 So.2d 220 (Miss. 1985), which found references to grand jury action during cross examination and discussion of grand jury action during closing the basis for reversal." ¶ 50.

12007–2007
Flowers v. State green
miss · 2000
1 sentence

2007On appeal, Bailey's entire argument regarding the prosecution's comment about Regina Bailey is as follows: "The prosecutor here referred to hearsay testimony not even in evidence from a witness who never even testified, his [sic] niece, Regina Bailey." Bailey then references Flowers v. State, 773 So.2d 309 (Miss.2000) and Flowers v. State, 842 So.2d 531 (Miss. 2003). ¶ 64.

12007–2007
Strickland v. Washington green
scotus · 1984
2 sentences

2000Bailey’s claim of ineffective assistance of counsel is judged by the standard set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

2000Bailey’s claim of ineffective assistance of counsel is judged by the standard set forth in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

12000–2000

Where else courts name it

CA 62 (1971–2026) TX 17 (1981–2016) IL 16 (2009–2026) GA 10 (1986–2025) FL 10 (1990–2019) PA 9 (1996–2020) MS 8 (1990–2021) MD 8 (1993–2022) AL 7 (1985–2025) OH 6 (2002–2024) IN 6 (1986–2019) VT 5 (1994–2017) WA 5 (1976–2016) VA 4 (1993–2021) MA 3 (1981–2011) WI 3 (2005–2024) AR 3 (2007–2024) LA 3 (1986–2014) DE 3 (1987–2024) MO 3 (1997–2020) NV 3 (1978–2022) ME 2 (2010–2012) ID 2 (1985–2006) NC 2 (2016–2019) MI 2 (2014–2016) TN 2 (2005–2026) SC 2 (2011–2025) KS 2 (1993–2022) DC 2 (1998–2021)

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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