Brister factors (Mississippi) · Go Syfert
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Brister factors in Mississippi

6 Mississippi opinions name it 2 courts 2004–2022 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 (2)

CaseFollowedCited
Johnson v. City of Clevelandgreen
miss · 2003 · cited in 3 Mississippi opinions naming this issue, 2006–2011
2 sentences

2011See Richardson, 913 So.2d at 977 ; Durn, 861 So.2d at 995 ; Johnson v. City of Cleveland, 846 So.2d 1031, 1037 (Miss. 2003); Brister, 838 So.2d at 280. 9 ¶ 22.

2011See Richardson, 913 So.2d at 977 ; Durn, 861 So.2d at 995 ; Johnson v. City of Cleveland, 846 So.2d 1031, 1037 (Miss. 2003); Brister, 838 So.2d at 280. 9 ¶ 22.

23
City of Ellisville v. Richardsongreen
miss · 2005 · cited in 2 Mississippi opinions naming this issue, 2009–2011
2 sentences

2011See Richardson, 913 So.2d at 977 ; Durn, 861 So.2d at 995 ; Johnson v. City of Cleveland, 846 So.2d 1031, 1037 (Miss. 2003); Brister, 838 So.2d at 280. 9 ¶ 22.

2011See Richardson, 913 So.2d at 977 ; Durn, 861 So.2d at 995 ; Johnson v. City of Cleveland, 846 So.2d 1031, 1037 (Miss. 2003); Brister, 838 So.2d at 280. 9 ¶ 22.

22

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 (3)

CaseCitedYears
Mississippi Dept. of Public Safety v. Durn green
miss · 2003
2 sentences

2011After reviewing this precedent, the Court in Dum reasoned that the trial court had found that several Brister factors had been satisfied and that the record supported a finding that the officer had acted in deliberate disregard of a known risk by “attempting to overtake a vehicle that indicated it was turning....” Durn, 861 So.2d at 996 .

2009After reviewing this precedent, the Court in Durn reasoned that the trial court had found that several Brister factors had been satisfied and that the record supported a finding that the officer had acted in deliberate disregard of a known risk by “attempting to overtake a vehicle that indicated it was turning . . . .” Durn, 861 So. 2d at 996 .

42004–2011
District of Columbia v. Hawkins green
dc · 2001
2 sentences

2022The chase and ensuing accident happened during the rush hour, at a busy intersection for vehicular and pedestrian traffic.” Hawkins, 782 A.2d at 301 .

2022The chase and ensuing accident happened during the rush hour, at a busy intersection for vehicular and pedestrian traffic.” Hawkins, 782 A.2d at 301 .

12022–2022
City of Jackson v. Brister green
miss · 2003
2 sentences

2009See Richardson, 913 So. 2d at 977 ; Durn, 861 So. 2d at 995 ; Johnson v. City of Cleveland, 846 So. 2d 1031, 1037 (Miss. 2003); Brister, 838 So. 2d at 280 .9 9 While this Court in Richardson, 913 So. 2d at 977 , and in Johnson, 846 So. 2d 1031 , applied ten factors in its respective analyses, this Court has not specifically adopted these ten factors; rather as stated in Brister, 838 So. 2d at 280 , this Court has found them to be “instructive.” In Richardson, we stated that “[i]t is appropriate for trial courts to consider all ten factors, and to look at the totality of the circumstances when

2009See Richardson, 913 So. 2d at 977 ; Durn, 861 So. 2d at 995 ; Johnson v. City of Cleveland, 846 So. 2d 1031, 1037 (Miss. 2003); Brister, 838 So. 2d at 280 .9 9 While this Court in Richardson, 913 So. 2d at 977 , and in Johnson, 846 So. 2d 1031 , applied ten factors in its respective analyses, this Court has not specifically adopted these ten factors; rather as stated in Brister, 838 So. 2d at 280 , this Court has found them to be “instructive.” In Richardson, we stated that “[i]t is appropriate for trial courts to consider all ten factors, and to look at the totality of the circumstances when

12009–2009

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-9 (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.

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