demand waiver (Mississippi) · Go Syfert
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demand waiver in Mississippi

8 Mississippi opinions name it 2 courts 1947–2015 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
Barker v. Wingogreen
scotus · 1972 · cited in 4 Mississippi opinions naming this issue, 1981–2015
2 sentences

1997The demand rule was in effect in Mississippi until our adoption in Wells v. State, 288 So.2d 860 (Miss. 1974) of the now familiar four-prong test enunciated by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). ¶ 60.

1997The demand rule was in effect in Mississippi until our adoption in Wells v. State, 288 So.2d 860 (Miss. 1974) of the now familiar four-prong test enunciated by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). ¶ 60.

14
Bailey v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015Such a result is not consistent with the interests of defendants, society, or the Constitution.21 This is a clear rejection of this Court’s view that because the defendant “failed to assert his right to a speedy trial in a timely manner . . . , we must weigh this factor against” him.22 19 Bailey v. State, 463 So. 2d 1059, 1062-63 (Miss. 1985) (citing Macon v. State, 295 So. 2d 742 (Miss. 1974); Diddlemeyer v. State, 398 So. 2d 1343 (Miss. 1981)). 20 Barker, 407 U.S. at 527 . 21 Id. at 527-28 . 22 Bateman v. State, 125 So. 3d 616, 631 (Miss. 2013). 18 ¶37.

11
Bateman v. Stategreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2015–2015
1 sentence

2015Such a result is not consistent with the interests of defendants, society, or the Constitution.21 This is a clear rejection of this Court’s view that because the defendant “failed to assert his right to a speedy trial in a timely manner . . . , we must weigh this factor against” him.22 19 Bailey v. State, 463 So. 2d 1059, 1062-63 (Miss. 1985) (citing Macon v. State, 295 So. 2d 742 (Miss. 1974); Diddlemeyer v. State, 398 So. 2d 1343 (Miss. 1981)). 20 Barker, 407 U.S. at 527 . 21 Id. at 527-28 . 22 Bateman v. State, 125 So. 3d 616, 631 (Miss. 2013). 18 ¶37.

11
Rainbow Rental and Fishing Tools, Inc. v. Delta Underground Storage, Inc.green
miss · 1989 · cited in 1 Mississippi opinions naming this issue, 2006–2006
1 sentence

2006For entitlement to attorney's fees pursuant to section 11-53-81, "a plaintiff must secure a `judgment on the claim' in the amount sued for." Rainbow Rental and Fishing Tools, Inc. v. Delta Underground Storage, Inc., 542 So.2d 258, 263 (Miss.1989) (but stating that, had the amount recovered "lacked but a few dollars, being the entire amount sued for on open account, [it would put] an entirely different posture on th[e] case").

11
Longanecker v. Diamondhead Country Clubgreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2005–2005
1 sentence

2005See Longanecker v. Diamondhead Country Club, 760 So.2d 764, 769-70 (¶¶ 12-13) (Miss.2000). ¶ 21.

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 (8)

CaseCitedYears
Wells v. State green
miss · 1974
2 sentences

1997The demand rule was in effect in Mississippi until our adoption in Wells v. State, 288 So.2d 860 (Miss. 1974) of the now familiar four-prong test enunciated by the United States Supreme Court in Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). ¶ 60.

1994The demand rule was in effect in Mississippi until our adoption in Wells v. State, 288 So. 2d 860 (Miss. 1974) of the now familiar four-prong test enunciated by the United States Supreme Court in Barker v. Wingo, 470 U.S. 514 , (1972). ¶60.

21994–1997
Diddlemeyer v. State green
miss · 1981
1 sentence

2015Such a result is not consistent with the interests of defendants, society, or the Constitution.21 This is a clear rejection of this Court’s view that because the defendant “failed to assert his right to a speedy trial in a timely manner . . . , we must weigh this factor against” him.22 19 Bailey v. State, 463 So. 2d 1059, 1062-63 (Miss. 1985) (citing Macon v. State, 295 So. 2d 742 (Miss. 1974); Diddlemeyer v. State, 398 So. 2d 1343 (Miss. 1981)). 20 Barker, 407 U.S. at 527 . 21 Id. at 527-28 . 22 Bateman v. State, 125 So. 3d 616, 631 (Miss. 2013). 18 ¶37.

12015–2015
MacOn v. State green
miss · 1974
1 sentence

2015Such a result is not consistent with the interests of defendants, society, or the Constitution.21 This is a clear rejection of this Court’s view that because the defendant “failed to assert his right to a speedy trial in a timely manner . . . , we must weigh this factor against” him.22 19 Bailey v. State, 463 So. 2d 1059, 1062-63 (Miss. 1985) (citing Macon v. State, 295 So. 2d 742 (Miss. 1974); Diddlemeyer v. State, 398 So. 2d 1343 (Miss. 1981)). 20 Barker, 407 U.S. at 527 . 21 Id. at 527-28 . 22 Bateman v. State, 125 So. 3d 616, 631 (Miss. 2013). 18 ¶37.

12015–2015
Reid v. Gregory green
· 1900
1 sentence

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

11947–1947
Penn Mutual Life Insurance v. Keeton neutral
· 1909
2 sentences

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

11947–1947
Sowell v. Sowell neutral
· 1911
1 sentence

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

11947–1947
Odom v. Gulf & Ship Island Railroad neutral
· 1911
1 sentence

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

11947–1947
Stevens v. Barbour green
· 1942
2 sentences

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

1947Stevens et al. v. Barbour, et al., 193 Miss. 109 , 8 So. (2d) 242 ; Odom v. Gulf & Ship Island Railroad Co., 101 Miss. 642 , 57 So. 626 ; Penn Mutual Life Insurance Co. v. Keeton, 95 Miss. 708 , 49 So. 736 ; Reid v. Gregory, 78 Miss. 247 , 28 So. 835 . *98 The best that appellee can say for his former action is that he made a demand for a claim under an insurance policy issued by appellant, which was contested.

11947–1947

Where else courts name it

DE 79 (1982–2026) TX 60 (1958–2025) NY 58 (1876–2026) CA 57 (1899–2025) IL 36 (1882–2024) NC 29 (1918–2026) LA 21 (1901–2025) MD 21 (1973–2025) MA 18 (1973–2025) MI 15 (1930–2018) IA 14 (1973–2026) AL 14 (1880–2011) PA 13 (1924–2025) FL 12 (1915–2022) OK 11 (1913–2026) OH 10 (1885–2017) GA 10 (1907–2025) ID 10 (1998–2026) NJ 9 (1935–2013) DC 9 (1979–2017) CT 8 (1895–2013) MO 8 (1910–2012) MS 8 (1947–2015) NV 7 (2006–2020) NM 7 (1922–1999) IN 7 (1867–2020) TN 7 (1926–2022) SC 6 (1978–2018) KS 6 (1900–1974) HI 6 (1953–2007) OR 5 (1938–2022) VA 5 (1834–2016) WY 5 (1935–2020) MT 4 (1894–1979) CO 4 (1971–2007) ND 4 (1974–2017) AZ 4 (1994–2015) RI 4 (1902–2005) AK 3 (1977–2003) WA 3 (1924–2018) NE 3 (1967–2014) AR 2 (2023–2024) WI 2 (1975–2021) MN 2 (1961–1984) UT 2 (2007–2022)

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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