60 Mississippi opinions name it 2 courts 1974–2017 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.
| Case | Followed | Cited |
|---|---|---|
Herring v. Stategreen2 sentences2017Herring v. State, 691 So.2d 948, 957 (Miss. 1997). 2010Herring v. State, 691 So.2d 948, 957 (Miss.1997). | 20 | 21 |
Bush v. Statered2 sentences2017In Bush, 895 So.2d at 844 , this Court set out the standard of review for weight of the evidence, stating: *705 [w]hen reviewing a denial of a motion for a new trial based on an objection to the weight of the evidence, we will only disturb a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice. 2010In Bush v. State, 895 So.2d 836 (Miss.2005), this Court set out the standard of review for legal sufficiency, stating: whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows “beyond a reasonable doubt that the accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.” [Carr v. State, 208 So.2d 886, | 13 | 23 |
Carr v. Stategreen2 sentences2010In Bush v. State, 895 So.2d 836 (Miss.2005), this Court set out the standard of review for legal sufficiency, stating: whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows “beyond a reasonable doubt that the accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.” [Carr v. State, 208 So.2d 886, 2008In Bush v. State, 895 So. 2d 836 (Miss. 2005), this Court set out the standard of review for legal sufficiency, stating: whether the evidence is sufficient to sustain a conviction in the face of a motion for directed verdict or for judgment notwithstanding the verdict, the critical inquiry is whether the evidence shows “beyond a reasonable doubt that the accused committed the act charged, and that he did so under such circumstances that every element of the offense existed; and where the evidence fails to meet this test it is insufficient to support a conviction.” [Carr v. State, 208 So. 2d 88 | 13 | 14 |
May v. Stategreen2 sentences2007Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. 2004). 2006Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. *952 2004). | 6 | 6 |
Edwards v. Stategreen2 sentences2007Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. 2004). 2006Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. *952 2004). | 6 | 6 |
Dycus v. Stategreen2 sentences2007Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. 2004). 2006Edwards v. State, 469 So.2d 68, 70 (Miss.1985) (citing May v. State, 460 So.2d 778, 781 (Miss.1984)); see also Dycus v. State, 875 So.2d 140, 164 (Miss. *952 2004). | 6 | 6 |
Strickland v. Washingtongreen2 sentences1999This Court set out the test and standards in Cabello v. State, 524 So.2d 313 (Miss.1988): In Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674, 693 (1984), the United States Supreme Court established a two-prong test, required to prove the ineffective assistance of counsel: the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense.... 1999This Court set out the test and standards in Cabello v. State, 524 So.2d 313 (Miss.1988): In Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674, 693 (1984), the United States Supreme Court established a two-prong test, required to prove the ineffective assistance of counsel: the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense.... | 5 | 5 |
Johnson v. Stategreen2 sentences2004The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220 , 1222 (Miss. 2001) (citations omitted); Spann v. State, 771 So.2d 883 , 889 (Miss. 2000); Johnson v. State, 666 So.2d 784 , 794 (Miss. 1995); Hoops v. State, 681 So.2d 521 (Miss. 1996). 2003The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220, 1222 (Miss.2001) (citations omitted); Spann v. State, 771 So.2d 883, 889 (Miss.2000); Johnson v. State, 666 So.2d 784, 794 (Miss.1995); Hoops v. State, 681 So.2d 521 (Miss.1996). | 3 | 4 |
Pulphus v. Stategreen2 sentences2004The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220 , 1222 (Miss. 2001) (citations omitted); Spann v. State, 771 So.2d 883 , 889 (Miss. 2000); Johnson v. State, 666 So.2d 784 , 794 (Miss. 1995); Hoops v. State, 681 So.2d 521 (Miss. 1996). 2003The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220, 1222 (Miss.2001) (citations omitted); Spann v. State, 771 So.2d 883, 889 (Miss.2000); Johnson v. State, 666 So.2d 784, 794 (Miss.1995); Hoops v. State, 681 So.2d 521 (Miss.1996). | 3 | 4 |
Caston v. Stategreen2 sentences2004In Caston v. State, 823 So.2d 473 , 492 (Miss. 2002), this Court set out the standard of review for a motion for mistrial as follows: "Whether to grant a motion for mistrial is within the sound discretion of the trial court. 2003In Caston v. State, 823 So.2d 473, 492 (Miss.2002), this Court set out the standard of review for a motion for mistrial as follows: "Whether to grant a motion for mistrial is within the sound discretion of the trial court. | 3 | 4 |
Spann v. Stategreen2 sentences2004The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220 , 1222 (Miss. 2001) (citations omitted); Spann v. State, 771 So.2d 883 , 889 (Miss. 2000); Johnson v. State, 666 So.2d 784 , 794 (Miss. 1995); Hoops v. State, 681 So.2d 521 (Miss. 1996). 2003The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220, 1222 (Miss.2001) (citations omitted); Spann v. State, 771 So.2d 883, 889 (Miss.2000); Johnson v. State, 666 So.2d 784, 794 (Miss.1995); Hoops v. State, 681 So.2d 521 (Miss.1996). | 3 | 4 |
Alexander v. Stategreen2 sentences2012In Alexander v. State, 610 So.2d 320 (Miss.1992) (internal citations omitted), this Court set out the standard of review on voluntariness of confessions, finding it is essentially a fact-finding function. 2003In Alexander v. State , 610 So.2d 320 (Miss. 1992) (internal citations omitted), this Court set out the standard of review on voluntariness of confessions, finding it is essentially a fact-finding function. | 2 | 5 |
Grafe v. Oldsgreen2 sentences2010Dr. K.B., 9 So.3d at 1127 (citing Grafe v. Olds, 556 So.2d 690, 692 (Miss.1990)). 2010Dr. KB., 9 So.3d at 1127 (citing Grafe v. Olds, 556 So.2d 690, 692 (Miss.1990)). | 2 | 2 |
Rogers v. Caingreen2 sentences2010In Dr. K.B. v. J.G., 9 So.3d 1124, 1127 (Miss.2009), this Court set out the standard of review for chancery matters, stating that a chancellor's finding of fact will not be overruled by the appellate court when it is supported by substantial evidence, unless the chancellor applied an erroneous legal standard or there was manifest error. 2010In Dr. KB. v. J.G., 9 So.3d 1124, 1127 (Miss.2009), this Court set out the standard of review for chancery matters, stating that a chancellor’s finding of fact will not be overruled by the appellate court when it is supported by substantial evidence, unless the chancellor applied an erroneous legal standard or there was manifest error. | 2 | 2 |
In Re Boundaries of City of Hattiesburggreen2 sentences2007This Court set out the standard of review in annexation matters in In re Extension of Boundaries of City of Hattiesburg, 840 So.2d 69, 81 (Miss.2003). 2006This Court set out the standard of review in annexation matters in In re Extension of Boundaries of City of Hattiesburg, 840 So. 2d 69, 81 (Miss. 2003). | 2 | 2 |
Dunn v. Stategreen2 sentences2005This Court set out the standard for overwhelming weight of the evidence in Dunn v. State, 891 So.2d 822, 826 (Miss. 2005). 2003This Court set out the standard for overwhelming weight of the evidence in Dunn v. State, 891 So. 2d 822, 826 (Miss. 2005). | 2 | 2 |
Chatman v. Stategreen2 sentences2005Chatman v. State, 761 So.2d 851, 854 (Miss.2000). 2003Chatman v. State, 761 So.2d 851, 854 (Miss.2000). | 2 | 2 |
White v. Stategreen2 sentences2005In Price v. State, 898 So.2d 641, 653 (Miss. 2005), this Court set out the standard of review for the admission of evidence: "Relevancy and admissibility of evidence are largely within the discretion of the trial court, and reversal may be had only where that discretion has been abused." White v. State, 742 So.2d 1126, 1134 (Miss.1999). 2004As far as the further statements as to what McIntosh had told her, what she believed might happen, the Court does not feel that it is proper to be put in, at least not at this point in the trial and past the point of what Creola stated that day that she that she [sic] intended to do, which the Court finds would fall under 803(3), the Court will not allow that further testimony as proffered by the State. 4 In Price v. State, 898 So.2d 641, 653 (Miss. 2005), this Court set out the standard of review for the admission of evidence: “Relevancy and admissibility of evidence are largely within the di | 2 | 2 |
Price v. Stategreen2 sentences2005In Price v. State, 898 So.2d 641, 653 (Miss. 2005), this Court set out the standard of review for the admission of evidence: "Relevancy and admissibility of evidence are largely within the discretion of the trial court, and reversal may be had only where that discretion has been abused." White v. State, 742 So.2d 1126, 1134 (Miss.1999). 2004As far as the further statements as to what McIntosh had told her, what she believed might happen, the Court does not feel that it is proper to be put in, at least not at this point in the trial and past the point of what Creola stated that day that she that she [sic] intended to do, which the Court finds would fall under 803(3), the Court will not allow that further testimony as proffered by the State. 4 In Price v. State, 898 So.2d 641, 653 (Miss. 2005), this Court set out the standard of review for the admission of evidence: “Relevancy and admissibility of evidence are largely within the di | 2 | 2 |
Wainwright v. Wittgreen2 sentences1998"That standard is whether the juror's views would `prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.'" Wainwright, 469 U.S. at 424 , 105 S.Ct. at 852 ( quoting Adams, 448 U.S. at 45 , 100 S.Ct. at 2526 ). 1998"That standard is whether the juror's views would `prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath.'" Wainwright, 469 U.S. at 424 , 105 S.Ct. at 852 ( quoting Adams, 448 U.S. at 45 , 100 S.Ct. at 2526 ). | 1 | 2 |
Cheatham v. Cheathamgreen1 sentence2014Cheatham v. Cheatham, 537 So.2d 435, 438 (Miss.1988). | 1 | 1 |
Gartrell v. Gartrellgreen2 sentences2012This Court set out the standard for determining mootness in Fails v. Jefferson Davis County Public School Board, 95 So.3d 1223, 1225 (Miss.2012), stating that “[a] case is moot so long as a judgment on the merits, if rendered, would be of no practical benefit to the plaintiff or detriment to the defendant.” Id. (quoting Gartrell v. Gartrell, 936 So.2d 915, 916 (Miss.2006)). 2012We recognized that we lack authority to “entertain an appeal where there is no actual controversy.” Id. | 1 | 1 |
Fails v. Jefferson Davis County Public School Boardgreen2 sentences2012This Court set out the standard for determining mootness in Fails v. Jefferson Davis County Public School Board, 95 So.3d 1223, 1225 (Miss.2012), stating that “[a] case is moot so long as a judgment on the merits, if rendered, would be of no practical benefit to the plaintiff or detriment to the defendant.” Id. (quoting Gartrell v. Gartrell, 936 So.2d 915, 916 (Miss.2006)). 2012This Court set out the standard for determining mootness in Fails v. Jefferson Davis County Public School Board, 95 So.3d 1223, 1225 (Miss.2012), stating that “[a] case is moot so long as a judgment on the merits, if rendered, would be of no practical benefit to the plaintiff or detriment to the defendant.” Id. (quoting Gartrell v. Gartrell, 936 So.2d 915, 916 (Miss.2006)). | 1 | 1 |
| Common Cause of Mississippi v. Smithgreen | 1 | 1 |
Cooper Tire & Rubber Co. v. McGillgreen2 sentences2010This Court set out the analysis for determining the type of contempt in Cooper Tire & Rubber Co. v. McGill, 890 So.2d 859, 868-68 (Miss.2004). 2010“Criminal contempt penalties, on the other hand, are designed to punish the contemnor for disobedience of a court order; punishment is for past offenses and does not terminate upon compliance with the court order.” Id. at 868 (citing Common Cause of Miss. v. Smith, 548 So.2d 412, 415-16 (Miss.1989)). | 1 | 1 |
| McCray v. Stategreen | 1 | 1 |
| Abram v. Stategreen | 1 | 1 |
| House v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cabello v. State
green
2 sentences1999This Court set out the test and standards in Cabello v. State, 524 So.2d 313 (Miss.1988): In Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674, 693 (1984), the United States Supreme Court established a two-prong test, required to prove the ineffective assistance of counsel: the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the defense.... 1997This Court set out the test and standards in Cabello v. State, 524 So. 2d 313 (Miss. 1988): In Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 , 80 L. | 5 | 1990–1999 |
Hoops v. State
green
2 sentences2004The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220 , 1222 (Miss. 2001) (citations omitted); Spann v. State, 771 So.2d 883 , 889 (Miss. 2000); Johnson v. State, 666 So.2d 784 , 794 (Miss. 1995); Hoops v. State, 681 So.2d 521 (Miss. 1996). 2003The standard of review for denial of a motion for mistrial is abuse of discretion." Pulphus v. State, 782 So.2d 1220, 1222 (Miss.2001) (citations omitted); Spann v. State, 771 So.2d 883, 889 (Miss.2000); Johnson v. State, 666 So.2d 784, 794 (Miss.1995); Hoops v. State, 681 So.2d 521 (Miss.1996). | 4 | 2001–2004 |
Hoffman v. Planters Gin Co., Inc.
green
2 sentences2002In Hoffman, 358 So.2d at 1008 , this Court set out an exception to the general rule that the duty owed a licensee is to refrain from willfully and wantonly injuring him: We think the premises owner is liable for injury proximately caused by affirmative or active negligence in the operation or control of a business which subjects either licensee or invitee to unusual danger, or increases the hazard to him, when his presence is known and that the standard of ordinary and reasonable care has application. 2001In Hoffman, 358 So.2d at 1008 , this Court set out an exception to the general rule that the duty owed a licensee is to refrain from willfully and wantonly injuring him: We think the premises owner is liable for injury proximately caused by affirmative or active negligence in the operation or control of a business which subjects either licensee or invitee to unusual danger, or increases the hazard to him, when his presence is known and that the standard of ordinary and reasonable care has application. | 2 | 2001–2002 |
Armstrong v. Armstrong
green
2 sentences2001In Armstrong v. Armstrong, 618 So.2d 1278 (Miss.1993), this Court set out factors that should be considered when awarding alimony and support. 1999In Armstrong v. Armstrong, 618 So.2d 1278 (Miss. 1993), this Court set out factors that should be considered when awarding alimony and support. | 2 | 1999–2001 |
Agee v. State
green
2 sentences1998This Court set out its rule for proving the voluntariness of a confession in Agee v. State, 185 So.2d 671 (Miss. 1966). 1995This Court set out its rule for proving the voluntariness of a confession in Agee v. State, 185 So.2d 671 (Miss. 1966). | 2 | 1995–1998 |
Adams v. Texas
green
2 sentences1998Reaffirming its decision in Adams v. Texas, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980), the Court set out the standard for determining when it is proper to exclude a juror for cause based upon his views on the death penalty. 1998Reaffirming its decision in Adams v. Texas, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980), the Court set out the standard for determining when it is proper to exclude a juror for cause based upon his views on the death penalty. | 2 | 1995–1998 |
| Smith v. Sanders green | 1 | 2008–2008 |
| Brabham v. Brabham green | 1 | 1994–1994 |
| Hosford v. State green | 1 | 1992–1992 |
| McKee v. McKee green | 1 | 1991–1991 |
| Watts v. Watts green | 1 | 1979–1979 |
| Laurel Auto Supply Co. v. Sumrall neutral | 1 | 1974–1974 |
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.