55 Mississippi opinions name it 2 courts 1986–2025 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.
| Case | Followed | Cited |
|---|---|---|
Dodd v. CITY OF JACKSON, MISSgreen2 sentences2009The Court first enumerated these factors in Dodd v. City of Jackson, 238 Miss. 372, 396-97 , 118 So.2d 319, 330 (1960), and in later decisions has expanded the list.” In re Enlargement & Extension of the Municipal Boundaries v. City of Biloxi, 744 So.2d 270, 276 (Miss.1999). 2009The Court first enumerated these factors in Dodd v. City of Jackson, 238 Miss. 372, 396-97 , 118 So.2d 319, 330 (1960), and in later decisions has expanded the list.” In re Enlargement & Extension of the Municipal Boundaries v. City of Biloxi, 744 So.2d 270, 276 (Miss.1999). | 11 | 11 |
Albright v. Albrightgreen2 sentences2013In Albright, the Mississippi Supreme Court gave a list of factors to consider to help chancellors “navigat[e] what is usually a labyrinth of interests and emotions.” Lee, 798 So.2d at 1288 (¶ 15) (citing Albright, 437 So.2d at 1005 ). 2009In Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983), the Mississippi Supreme Court established a list of factors that chancellors must consider when determining which parent should be awarded primary custody of a child. | 5 | 8 |
Armstrong v. Armstronggreen2 sentences2009In Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss.1993), the Mississippi Supreme Court established a list of factors to be consid *285 ered by chancellors when determining the appropriateness of an alimony award. 5 . 2009In Armstrong v. Armstrong, 618 So.2d 1278, 1280 (Miss. 1993), the Mississippi Supreme Court established a list of factors to be considered by chancellors when determining whether alimony is appropriate. | 5 | 6 |
Lee v. Leegreen2 sentences2013In Albright, the Mississippi Supreme Court gave a list of factors to consider to help chancellors “navigat[e] what is usually a labyrinth of interests and emotions.” Lee, 798 So.2d at 1288 (¶ 15) (citing Albright, 437 So.2d at 1005 ). 2012In Albright, the Mississippi Supreme Court gave a list of factors to consider to help chancellors “navigat[e] what is usually a labyrinth of interests and emotions.” Lee, 798 So.2d at 1288 (¶ 15) (citing Albright, 437 So.2d at 1005). | 4 | 4 |
McKee v. McKeegreen2 sentences2014Rule 1.5(a) of the Rules of Professional Conduct and McKee v. McKee, 418 So.2d 764, 767 (Miss.1982), set forth a list of factors that a court must consider in determining the reasonableness of attorney’s fees. 2012If the trial court considers attorney’s fees on remand, it should make findings of fact on the issue.15 15 Rule 1.5(a) of the Rules of Professional Conduct and McKee v. McKee, 418 So. 2d 764, 767 (Miss. 1982), set forth a list of factors that a court must consider in determining the reasonableness of attorney’s fees. | 4 | 4 |
Ferguson v. Fergusongreen2 sentences2009In Ferguson, 639 So.2d at 928 , the Mississippi Supreme Court established a list of factors that should be considered when determining the equitable distribution of marital property: 1. 2009In Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss. 1994), the Mississippi Supreme Court established a list of factors to be considered when determining the equitable distribution of marital property. 4 . | 3 | 7 |
Morris W. Gordon v. United Statesgreen2 sentences2002Peterson adopted the list of factors set forth in Gordon v. U.S., 383 F.2d 936 (D.C.Cir.1967) which requires review of: (1) the impeachment value of the prior crime; (2) the point in time of the conviction and the witness's subsequent history; (3) the similarity between the past crime and the charged crime; (4) the importance of the defendant's testimony; and (5) the centrality of the credibility issue. 2001A more specific list of factors to be considered by the trial judge was outlined in Gordon v. United States, 383 F.2d 936, 940 (D.C.Cir.1967) (Burger, J.); and is set forth in Weinstein's Evidence: (1) The impeachment value of the prior crime. (2) The point in time of the conviction and the witness' subsequent history. (3) The similarity between the past crime and the charged crime. (4) The importance of the defendant's testimony. (5) The centrality of the credibility issue. ¶ 61. | 3 | 4 |
Mississippi Transp. Comm'n v. McLemoregreen2 sentences2011McLemore, 863 So.2d at 37 (¶ 13) (citing Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 ). 2010Additionally, DaubeH provides a list of factors for assessing reliability, including: whether the theory or technique can be and has been tested; whether it has been subjected to peer review and publication; whether, in respect to a particular technique, there is a high known or potential rate of error; whether there are standards controlling the technique’s operation; and whether the theory or technique enjoys general acceptance within [the] relevant scientific community- McLemore, 863 So.2d at 37 (¶ 13) (citing Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 ). | 2 | 2 |
In Re Mun. Boundaries of City of Biloxigreen2 sentences2009The Court first enumerated these factors in Dodd v. City of Jackson, 238 Miss. 372, 396-97 , 118 So.2d 319, 330 (1960), and in later decisions has expanded the list.” In re Enlargement & Extension of the Municipal Boundaries v. City of Biloxi, 744 So.2d 270, 276 (Miss.1999). 2007The Court first enumerated these factors in Dodd v. City of Jackson, 238 Miss. 372, 396-97 , 118 So. 2d 319, 330 (1960), and in later decisions has expanded the list.” In re Enlargement & Extension of the Municipal Boundaries v. City of Biloxi, 744 So. 2d 270, 276 (Miss. 1999). | 2 | 2 |
Bassett v. Town of Taylorsvillegreen2 sentences2003"These factors, however, are only indicia of reasonableness, not separate and distinct tests in and of themselves." Bassett v. Town of Taylorsville, 542 So.2d 918, 921 (Miss.1989). 2002"These factors, however, are only indicia of reasonableness, not separate and distinct tests in and of themselves." Bassett v. Town of Taylorsville, 542 So. 2d 918, 921 (Miss. 1989). | 2 | 2 |
Miss. State Bar v. a Miss. Attorneygreen2 sentences1998In Mississippi State Bar Ass'n v. A Mississippi Attorney, 489 So.2d 1081, 1083-84 (Miss. 1986), this Court announced a list of factors which should be considered when imposing discipline including but not limited to the following: (1) the nature of the misconduct involved; (2) the need to deter similar misconduct; (3) the preservation of the dignity and reputation of the legal profession; (4) the protection of the public; and (5) sanctions imposed in similar cases. 1990In the case of Mississippi State Bar v. A Mississippi Attorney, 489 So.2d 1081, 1083-84 (Miss. 1986), we announced a list of factors which should be considered when imposing discipline including but not limited to the following: (A) Nature of the misconduct involved; (B) Need to deter similar misconduct; (C) Preservation of dignity and reputation of the legal profession; (D) Protection of the public; and (E) Sanctions imposed in similar cases. | 2 | 2 |
McGowan v. Orleans Furniture, Inc.green2 sentences2002The Court stated that in order to determine what a claimant's usual employment was, we should look to the list of factors used by the court in McGowan v. Orleans Furniture, Inc., 586 So.2d 163, 167 (Miss.1991), for determining wage earning capacity. 2002Such factors include "the amount of education and training which the claimant has had, his inability to work, his failure to be hired elsewhere, the continuance of pain, and any other related circumstances." Meridian Professional Baseball Club v. Jensen, 1999-WC-02093-COA at (¶ 11); McGowan, 586 So.2d at 167 . ¶ 16. | 1 | 2 |
Matter of Enlargement of Corp. Limitsgreen2 sentences1993LAW Recently, in Matter of Enlargement of Corp. Limits of Hattiesburg, 588 So.2d 814 , 818 (Miss. 1991), we noted: This Court has set forth a list of factors or so called indicia of reasonableness to guide the chancellor in his determination of the reasonableness of a city's annexation request. 1993LAW Recently, in Matter of Enlargement of Corp. Limits of Hattiesburg, 588 So.2d 814, 818 (Miss. 1991), we noted: This Court has set forth a list of factors or so called indicia of reasonableness to guide the chancellor in his determination of the reasonableness of a city's annexation request. | 1 | 2 |
Palmer v. Stategreen1 sentence2014Palmer v. State, 939 So.2d 792, 794-95 (Miss.2006). . | 1 | 1 |
Davis v. Stategreen1 sentence2012There is no particular factor in instruction D-6 that is not covered by instruction S-3 or encompassed within one of the factors outlined in S-3. “[T]rial judges are not required to grant repetitious instructions.” Davis v. State, 568 So.2d 277, 280 (Miss.1990) (quotations omitted). | 1 | 1 |
Mills v. DAMSON OIL CORPORATIONgreen1 sentence2012In Albright, the Mississippi Supreme Court gave a list of factors to consider to help chancellors “navigat[e] what is usually a labyrinth of interests and emotions.” Lee, 798 So.2d at 1288 (¶ 15) (citing Albright, 437 So.2d at 1005). | 1 | 1 |
Withers v. Stategreen1 sentence2011Withers v. State, 907 So.2d 342, 350 (¶ 23) (Miss.2005). | 1 | 1 |
Johnson v. Stategreen1 sentence2001In Johnson v. State, 655 So.2d 37, 41 (Miss.1995), we stated, "[T]here are several ways to impeach a witness' credibility including the showing of bias or prejudice of the witness ... as long as the impeaching material is relevant to the issue at hand." We have held that the scope of cross-examination, though ordinarily broad, is within the sound discretion of the trial court, and the trial court possesses inherent power to limit cross-examination to relevant matters. | 1 | 1 |
Ethridge v. Ethridgegreen1 sentence1999NOTES [1] See Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994). [2] See Ethridge v. Ethridge, 648 So.2d 1143, 1146 (Miss.1995) for a list of factors considered in determining an award of permanent periodic alimony. [3] See Cheatham v. Cheatham, 537 So.2d 435 (Miss.1988) for a list of factors considered in determining an award of lump sum alimony. | 1 | 1 |
The Mississippi Bar v. Alexandergreen1 sentence1998See also Alexander, 669 So.2d at 42 ; Attorney R., 649 So.2d at 824-25 . | 1 | 1 |
Sellers v. Sellersgreen1 sentence1995This Court in Sellers v. Sellers, 638 So. 2d 481, 485 (Miss. 1994), reiterated its earlier holding in Smith v. Todd, 464 So. 2d 1155 (Miss. 1985), stating that the list of factors in Albright was not to be exhaustive, but a beginning point. | 1 | 1 |
Brabham v. Brabhamgreen2 sentences1987In Brabham v. Brabham, 226 Miss. 165 , 84 So.2d 147, 153 (1955), the Court set forth a list of factors to be considered in making alimony awards: (1) the health of the husband and his earning capacity; (2) the health of the wife and her earning capacity; (3) the entire sources of income of both parties; (4) the reasonable needs of the wife; (5) the reasonable needs of the child; (6) the necessary living expenses of the husband; (7) the estimated amount of income taxes the respective parties must pay on their incomes; (8) the fact that the wife has the free use of the home, furnishings, and aut 1987In Brabham v. Brabham, 226 Miss. 165 , 84 So.2d 147, 153 (1955), the Court set forth a list of factors to be considered in making alimony awards: (1) the health of the husband and his earning capacity; (2) the health of the wife and her earning capacity; (3) the entire sources of income of both parties; (4) the reasonable needs of the wife; (5) the reasonable needs of the child; (6) the necessary living expenses of the husband; (7) the estimated amount of income taxes the respective parties must pay on their incomes; (8) the fact that the wife has the free use of the home, furnishings, and aut | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2010Additionally, DaubeH provides a list of factors for assessing reliability, including: whether the theory or technique can be and has been tested; whether it has been subjected to peer review and publication; whether, in respect to a particular technique, there is a high known or potential rate of error; whether there are standards controlling the technique’s operation; and whether the theory or technique enjoys general acceptance within [the] relevant scientific community- McLemore, 863 So.2d at 37 (¶ 13) (citing Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 ). 2010Additionally, DaubeH provides a list of factors for assessing reliability, including: whether the theory or technique can be and has been tested; whether it has been subjected to peer review and publication; whether, in respect to a particular technique, there is a high known or potential rate of error; whether there are standards controlling the technique’s operation; and whether the theory or technique enjoys general acceptance within [the] relevant scientific community- McLemore, 863 So.2d at 37 (¶ 13) (citing Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 ). | 3 | 2008–2011 |
Idaho v. Wright
green
2 sentences2019Moreover, the list of factors is not exclusive, and “the unifying principle is that these factors relate to whether the child declarant was particularly likely to be telling the truth when the statement was made.” Wright, 497 U.S. at 822 . ¶19. 1995Doe, 644 So.2d at 1206 (citing Idaho v. Wright, 497 U.S. 805, 822 , 110 S.Ct. 3139, 3150 , 111 L.Ed.2d 638 (1990)). | 2 | 1995–2019 |
Kumho Tire Co. v. Carmichael
green
2 sentences2010Id. at 36-37 (¶ 13) (citing Kumho Tire, 526 U.S. at 151 , 119 S.Ct. 1167 ). 2010Id. at 36-37 (¶ 13) (citing Kumho Tire, 526 U.S. at 151 , 119 S.Ct. 1167 ). | 1 | 2010–2010 |
Peterson v. State
green
1 sentence2002Peterson, 518 So.2d at 636 . ¶ 20. | 1 | 2002–2002 |
Cheatham v. Cheatham
green
1 sentence1999NOTES [1] See Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994). [2] See Ethridge v. Ethridge, 648 So.2d 1143, 1146 (Miss.1995) for a list of factors considered in determining an award of permanent periodic alimony. [3] See Cheatham v. Cheatham, 537 So.2d 435 (Miss.1988) for a list of factors considered in determining an award of lump sum alimony. | 1 | 1999–1999 |
Mississippi Bar v. ATTORNEY R
green
1 sentence1998See also Alexander, 669 So.2d at 42 ; Attorney R., 649 So.2d at 824-25 . | 1 | 1998–1998 |
Smith v. Todd
green
1 sentence1995This Court in Sellers v. Sellers, 638 So. 2d 481, 485 (Miss. 1994), reiterated its earlier holding in Smith v. Todd, 464 So. 2d 1155 (Miss. 1985), stating that the list of factors in Albright was not to be exhaustive, but a beginning point. | 1 | 1995–1995 |
Doe v. Doe
green
1 sentence1995Doe, 644 So.2d at 1206 (citing Idaho v. Wright, 497 U.S. 805, 822 , 110 S.Ct. 3139, 3150 , 111 L.Ed.2d 638 (1990)). | 1 | 1995–1995 |
| Box v. State green | 1 | 1986–1986 |
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.