motions hearing (Mississippi) · Go Syfert
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motions hearing in Mississippi

8 Mississippi opinions name it 2 courts 1994–2024 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 (4)

CaseFollowedCited
Ryals v. Pigottgreen
miss · 1990 · cited in 2 Mississippi opinions naming this issue, 1997–1999
2 sentences

1999Without any further discussion, Esco references Ryals v. Pigott, 580 So.2d 1140, 1175 (Miss.1990), as his authority for this proposition.

1997Without any further discussion, Esco references Ryals v. Pigott, 580 So. 2d 1140, 1175 (Miss. 1990), as his authority for this proposition.

22
Prime Rx, LLC v. McKendree, Inc.green
miss · 2005 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009See also Prime Rx, 917 So. 2d at 795 (quoting DeBlanc, 814 So. 2d at 800 ) (when a matter is “conclusively established” under Rule 36, it may not be “offset by a conflicting answer to interrogatories.”); In re Carney, 258 F.3d at 420 (citing Dukes, 770 F.2d at 548-49 ) (“[s]ince 12 This is true unless the motions were in violation of a local rule or a pretrial order.

11
In the Interest of C.R.green
missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009However, “[u]nder Mississippi law, the entry of a nolle prosequi unconditionally dismisses a criminal indictment, but without prejudice to the [S]tate to seek re-indictment.” In re C.R., 879 So.2d 1119, 1121 (¶ 8) (Miss.Ct.App.2004) (quoting Beckwith v. Anderson, 89 F.Supp.2d 788 , *718 792 (S.D.Miss.2000)).

11
DeBlanc v. Stancilgreen
miss · 2002 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009See also Prime Rx, 917 So. 2d at 795 (quoting DeBlanc, 814 So. 2d at 800 ) (when a matter is “conclusively established” under Rule 36, it may not be “offset by a conflicting answer to interrogatories.”); In re Carney, 258 F.3d at 420 (citing Dukes, 770 F.2d at 548-49 ) (“[s]ince 12 This is true unless the motions were in violation of a local rule or a pretrial order.

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 (7)

CaseCitedYears
Fielder v. State green
miss · 1987
2 sentences

1997In Fielder v. State, 500 So.2d 1002 (Miss.1987), this Court reversed and remanded the trial judge who refused to hear motions to suppress based upon the fruit of the poisonous tree doctrine.

1994In Fielder v. State, 500 So. 2d 1002 (Miss. 1987), this Court reversed and remanded the trial judge who refused to hear motions to suppress based upon the fruit of the poisonous tree doctrine.

21994–1997
Haycraft v. Mid-State Construction Co. green
missctapp · 2005
1 sentence

2024On June 10, 2022, Coleman filed a motion pursuant to Mississippi Rules of Civil Procedure 60(b)(5)-(6) and 70(a).4 In the motion, Coleman requested that the circuit court “compel the defendants to arbitrate [his] claims, or, alternatively, restore the case to the Court’s active docket.” At the motions hearing, counsel for the defendants argued that the case was now barred by the statute of limitations.5 4 Coleman does not discuss Rule 70(a) or its application to this case on appeal. 5 The defendants cite Haycraft v. Mid-State Construction Co., 915 So. 2d 1117 (Miss.

12024–2024
Carney v. Internal Revenue Service green
ca5 · 2001
1 sentence

2009See also Prime Rx, 917 So. 2d at 795 (quoting DeBlanc, 814 So. 2d at 800 ) (when a matter is “conclusively established” under Rule 36, it may not be “offset by a conflicting answer to interrogatories.”); In re Carney, 258 F.3d at 420 (citing Dukes, 770 F.2d at 548-49 ) (“[s]ince 12 This is true unless the motions were in violation of a local rule or a pretrial order.

12009–2009
Gary Dukes and Thomas E. Barber, D/B/A D & B Dozer Service v. South Carolina Insurance Company green
ca5 · 1985
1 sentence

2009See also Prime Rx, 917 So. 2d at 795 (quoting DeBlanc, 814 So. 2d at 800 ) (when a matter is “conclusively established” under Rule 36, it may not be “offset by a conflicting answer to interrogatories.”); In re Carney, 258 F.3d at 420 (citing Dukes, 770 F.2d at 548-49 ) (“[s]ince 12 This is true unless the motions were in violation of a local rule or a pretrial order.

12009–2009
Beckwith v. Anderson green
mssd · 2000
1 sentence

2009However, “[u]nder Mississippi law, the entry of a nolle prosequi unconditionally dismisses a criminal indictment, but without prejudice to the [S]tate to seek re-indictment.” In re C.R., 879 So.2d 1119, 1121 (¶ 8) (Miss.Ct.App.2004) (quoting Beckwith v. Anderson, 89 F.Supp.2d 788 , *718 792 (S.D.Miss.2000)).

12009–2009
McDaniel v. Beane green
miss · 1987
1 sentence

1999McDaniel, 515 So.2d at 951 . [4] The formal opinion distinguishes this use of the designation "of counsel" from those instances where an attorney or law firm is designated as being of counsel in the filing of an individual case, where "there is no general holding out as to a continuing relationship." [5] In his brief, Esco states that the issue was not raised until "oral arguments." The record clearly indicates that it was raised orally at the motions hearing on September 4, 1997.

11999–1999
Presley v. State green
miss · 1985
1 sentence

1995This Court noted that the motions challenge his May, 25, 1982 sentence, vacated and remanded in Presley v. State, 474 So.2d 612 (Miss. 1985), and his additional sentence hearing and re-sentencing on remand in the Lowndes County Circuit.

11995–1995

Where else courts name it

MD 75 (1990–2026) GA 38 (1983–2026) CO 29 (1981–2026) SD 28 (1935–2024) DC 23 (1973–2024) TX 14 (1989–2025) KS 13 (2005–2026) OH 12 (1999–2026) NY 9 (1947–2014) MS 8 (1994–2024) IL 8 (1943–2026) MA 7 (1942–2019) LA 7 (1961–2023) SC 6 (2009–2023) WY 6 (1974–2021) VA 6 (2008–2024) NC 6 (1987–2026) AL 5 (1972–2017) CA 4 (1948–1985) UT 4 (1930–2021) VT 4 (1996–2018) AZ 3 (2012–2017) MT 3 (2011–2021) NM 3 (1984–1990) OR 3 (2006–2025) PA 3 (2017–2023) NH 2 (1970–2017) CT 2 (1979–2024) ID 2 (2013–2018) IA 2 (1935–2016) WA 2 (2009–2009)

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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