four part test (Mississippi) · Go Syfert
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four part test in Mississippi

8 Mississippi opinions name it 2 courts 1992–2023 2 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 5 Mississippi opinions naming this issue, 1992–2021
2 sentences

2021The Sixth Amendment provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . .” In Barker v. Wingo, 407 U.S. 514, 530 (1972), the Supreme Court set forth a four part test to determine whether the constitutional right to a speedy trial has been violated.

2003An alleged violation of the constitutional right to a speedy trial is examined under the four part test first announced in Barker v. Wingo, 407 U.S. 514, 531 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972).

25
Arnett v. Stategreen
miss · 1988 · cited in 2 Mississippi opinions naming this issue, 1996–1998
2 sentences

1998Arnett v. State, 532 So.2d 1003, 1008-09 (Miss.1988)(citing the test set out in United States v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987)).

1996Arnett v. State, 532 So.2d 1003, 1008-09 (Miss. 1988) (citing the test set out in United States v. Dunn, 480 U.S. 294 (1987)).

22
Havard v. Stategreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023“Under the test, it is the defendant’s burden to prove: ‘(a) that the State possessed evidence favorable to the defendant (including impeachment evidence); (b) that the defendant does not possess the evidence nor could he obtain it himself with any reasonable diligence; (c) that the prosecution suppressed the favorable evidence; and (d) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different.’” Havard v. State, 86 So. 3d 896, 900 (Miss. 2012) (quoting Manning v. State, 929 So. 2d 885, 891 (Miss. 2006)).

11
King v. Stategreen
miss · 1995 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023The Court adopted a four part test in King v. State, 656 So. 2d 1168, 1174 (Miss. 1995), to assess whether a Brady violation had taken place.

11
Manning v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023“Under the test, it is the defendant’s burden to prove: ‘(a) that the State possessed evidence favorable to the defendant (including impeachment evidence); (b) that the defendant does not possess the evidence nor could he obtain it himself with any reasonable diligence; (c) that the prosecution suppressed the favorable evidence; and (d) that had the evidence been disclosed to the defense, a reasonable probability exists that the outcome of the proceedings would have been different.’” Havard v. State, 86 So. 3d 896, 900 (Miss. 2012) (quoting Manning v. State, 929 So. 2d 885, 891 (Miss. 2006)).

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 (2)

CaseCitedYears
United States v. Dunn green
scotus · 1987
2 sentences

1998Arnett v. State, 532 So.2d 1003, 1008-09 (Miss.1988)(citing the test set out in United States v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987)).

1998Arnett v. State, 532 So.2d 1003, 1008-09 (Miss.1988)(citing the test set out in United States v. Dunn, 480 U.S. 294 , 107 S.Ct. 1134 , 94 L.Ed.2d 326 (1987)).

21996–1998
Adrian Donte Wilson v. State of Mississippi green
missctapp · 2018
1 sentence

2021The test requires the reviewing court to balance “(1) the length of the delay; (2) the reason for the delay; (3) the defendant’s assertion of the speedy-trial right; and (4) prejudice to the defendant.” Wilson 11 v. State, 276 So. 3d 1241 ,1259 (¶44) (Miss.

12021–2021

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-17-1 (5) MS § Miss. Code Ann. § 97-3-79 (3)

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.

Where else courts name it

PA 408 (1973–2026) CT 82 (1984–2026) WA 21 (2001–2019) LA 20 (1985–2010) OH 16 (1990–2020) FL 13 (1981–2017) NJ 12 (1986–2021) TX 10 (1986–2021) VA 10 (1986–2025) MO 8 (1985–2016) MS 8 (1992–2023) CO 8 (1991–2025) MD 8 (1982–2016) DE 5 (1988–2016) GA 5 (2004–2018) SD 5 (1991–2022) ME 5 (1996–2021) IN 5 (1996–2020) MT 4 (1981–2023) WY 4 (1997–2008) WV 4 (1985–2005) OR 4 (1980–2025) KY 3 (1995–2023) MI 3 (1989–2023) IL 3 (1998–2020) TN 3 (1998–2001) ID 3 (1996–2026) NC 3 (1989–2014) OK 3 (1987–2011) SC 3 (1991–2013) MN 3 (1985–1989) AK 3 (1983–1992) NY 2 (2011–2012) AR 2 (1992–2025) MA 2 (1987–2007)

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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