above-quoted standard (Mississippi) · Go Syfert
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above-quoted standard in Mississippi

6 Mississippi opinions name it 1 courts 1986–2016 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 (7)

CaseFollowedCited
Wainwright v. Wittgreen
scotus · 1985 · cited in 3 Mississippi opinions naming this issue, 1986–2003
2 sentences

1986The U.S. Supreme Court recently reaffirmed the Adams standard in Wainwright v. Witt , in which Justice Rehnquist wrote: We therefore take this opportunity to clarify our decision in Witherspoon, and to reaffirm the above-quoted standard from Adams as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment. 469 U.S. at ___ , 105 S.Ct. at 582 , 83 L.Ed.2d at 851 .

1986The U.S. Supreme Court recently reaffirmed the Adams standard in Wainwright v. Witt , in which Justice Rehnquist wrote: We therefore take this opportunity to clarify our decision in Witherspoon, and to reaffirm the above-quoted standard from Adams as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment. 469 U.S. at ___ , 105 S.Ct. at 582 , 83 L.Ed.2d at 851 .

13
Ousley v. Stategreen
· 1929 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016Nevertheless, the trial court in the instant case properly instructed the jury on every element of the charged offense and also gave the above-quoted instruction from Fortune defining the'word “willfully.” See Moore v. State, 676 So.2d 244, 246 (Miss.1996) (quoting Ousley v. State, 164 Miss. 451 , 122 So. 731, 732 (1929)) (“This Court has stated that ‘it is inconceivable that an act willfully done is not also knowingly done.’ Stated differently, ‘willfully’ means ‘knowingly.’ Moreover, ‘wil[l]ful’ means nothing more than doing an act intentionally.”).

11
Puckett v. Stuckeygreen
miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016The trial court’s determination that Isaac had failed to prove facts to show he did not commit arson was a finding of fact, so the Court affords it great deference on appeal. “‘A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,’ and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence.” City of Jackson v. Perry, 764 So.2d 373, 376 (¶ 9) (Miss.2000) (quoting Puckett v. Stuckey, 633 So.2d 978, 982 (Miss.1993)); see also Hymes v. State, 121 So.3d 938, 943-44 (¶ 18) (Miss.Ct.

11
Hymes v. Stategreen
missctapp · 2013 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016The trial court’s determination that Isaac had failed to prove facts to show he did not commit arson was a finding of fact, so the Court affords it great deference on appeal. “‘A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,’ and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence.” City of Jackson v. Perry, 764 So.2d 373, 376 (¶ 9) (Miss.2000) (quoting Puckett v. Stuckey, 633 So.2d 978, 982 (Miss.1993)); see also Hymes v. State, 121 So.3d 938, 943-44 (¶ 18) (Miss.Ct.

11
City of Jackson v. Perrygreen
miss · 2000 · cited in 1 Mississippi opinions naming this issue, 2016–2016
2 sentences

2016The trial court’s determination that Isaac had failed to prove facts to show he did not commit arson was a finding of fact, so the Court affords it great deference on appeal. “‘A circuit court judge sitting without a jury is accorded the same deference with regard to his findings as a chancellor,’ and his findings are safe on appeal where they are supported by substantial, credible, and reasonable evidence.” City of Jackson v. Perry, 764 So.2d 373, 376 (¶ 9) (Miss.2000) (quoting Puckett v. Stuckey, 633 So.2d 978, 982 (Miss.1993)); see also Hymes v. State, 121 So.3d 938, 943-44 (¶ 18) (Miss.Ct.

2016The Court will not disturb the findings of a trial judge unless the Court determines the findings “are manifestly wrong, clearly erroneous or an erroneous legal standard was applied.” Perry, 764 So.2d at 376 (citing Bell v. City of Bay St.

11
Moore v. Stategreen
miss · 1996 · cited in 1 Mississippi opinions naming this issue, 2016–2016
1 sentence

2016Nevertheless, the trial court in the instant case properly instructed the jury on every element of the charged offense and also gave the above-quoted instruction from Fortune defining the'word “willfully.” See Moore v. State, 676 So.2d 244, 246 (Miss.1996) (quoting Ousley v. State, 164 Miss. 451 , 122 So. 731, 732 (1929)) (“This Court has stated that ‘it is inconceivable that an act willfully done is not also knowingly done.’ Stated differently, ‘willfully’ means ‘knowingly.’ Moreover, ‘wil[l]ful’ means nothing more than doing an act intentionally.”).

11
Gray v. Stategreen
miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1986–1986
1 sentence

1986Additionally, this Court recently commented on the Adams standard in saying, "Although the United States Supreme Court has refined the Witherspoon decision in Adams , the issue remains the ability of the prospective juror to follow the instructions and the jurors oath." Gray v. State, 472 So.2d 409, 421 (Miss. 1985).

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
Adams v. Texas green
scotus · 1980
2 sentences

2003The U.S. *826 Supreme Court has clarified the Witherspoon rule: We therefore take this opportunity to clarify our decision in Witherspoon , and to reaffirm the above-quoted standard from Adams [v. State, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment.

2003The U.S. *826 Supreme Court has clarified the Witherspoon rule: We therefore take this opportunity to clarify our decision in Witherspoon , and to reaffirm the above-quoted standard from Adams [v. State, 448 U.S. 38 , 100 S.Ct. 2521 , 65 L.Ed.2d 581 (1980)] as the proper standard for determining when a prospective juror may be excluded for cause because of his or her views on capital punishment.

12003–2003
State Ex Rel. Settles v. Board of Education of Dependent School District No. D-38 green
okla · 1964
1 sentence

1987The Oklahoma Supreme Court noted that the above-quoted clause of its constitution had never been directly construed by that court, "if indeed construction is necessary." 389 P.2d at 359 .

11987–1987

Where else courts name it

PA 23 (1918–2025) AL 23 (1912–2014) OK 21 (1915–2017) TX 17 (1936–2022) CA 16 (1883–2023) NY 15 (1913–2016) GA 15 (1902–2025) FL 15 (1961–2013) MD 14 (1956–2013) IL 14 (1965–2023) OH 11 (1940–2026) MI 9 (1933–1984) LA 9 (1908–2020) WI 9 (1939–2022) NE 8 (1958–2007) MO 8 (1901–2021) OR 8 (1937–2008) ID 8 (1934–2014) AZ 8 (1952–2014) WA 7 (1940–1986) MS 6 (1986–2016) NC 5 (1975–2009) CO 5 (1956–1995) UT 5 (1983–2018) AR 4 (1944–1990) MT 4 (1964–2004) NJ 4 (1965–1987) IN 4 (1979–2006) ME 3 (1979–2001) VA 3 (1987–2014) RI 2 (1960–1984) KS 2 (1905–2006) NM 2 (1986–2019) SC 2 (1935–1947) MN 2 (1898–1949) IA 2 (1945–1986)

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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