fair and just hearing (Mississippi) · Go Syfert
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fair and just hearing in Mississippi

6 Mississippi opinions name it 1 courts 1960–2024 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
Snyder v. Massachusettsgreen
scotus · 1934 · cited in 5 Mississippi opinions naming this issue, 1994–2024
2 sentences

2024Instead, what due process “requires [is] that a defendant be allowed to be present ‘to the extent that a fair and just hearing would be thwarted by his absence[.]’” Id. (quoting Snyder, 291 U.S. at 108 ).

2009Such a communication amounts to a due process violation, however, only to “the extent that a fair and just hearing would be thwarted by [the defendant’s] absence, and to that extent only.” Gagnon, 470 U.S. at 526, 105 S.Ct. at 1484 (quoting Snyder v. Massachusetts, 291 U.S. 97, 105-06 , 54 S.Ct. 330, 332-33 , 78 L.Ed. 674 (1934)).

45
Young v. Stategreen
miss · 1982 · cited in 2 Mississippi opinions naming this issue, 1994–1997
2 sentences

1997In Young v. State, 420 So.2d 1055, 1058 (Miss. 1982), we held that the trial court's ex parte instruction to the jury during deliberations did not prejudice the defendant where the instruction "was neither a substantive instruction on a question of law nor indicative of a requirement that the jury must continue deliberating until a verdict was reached." On the defendant's federal habeas corpus appeal, the Fifth Circuit approved, holding: Such a communication amounts to a due process violation, however, only "to the extent that a fair and just hearing would be thwarted by [the defendant's] abse

1994In Young v. State, 420 So. 2d 1055, 1058 (Miss. 1982), we held that the trial court's ex parte instruction to the jury during deliberations did not prejudice the defendant where the instruction "was neither a substantive instruction on a question of law nor indicative of a requirement that the jury must continue deliberating until a verdict was reached." On the defendant's federal habeas corpus appeal, the Fifth Circuit approved, holding: Such a communication amounts to a due process violation, however, only "to the extent that a fair and just hearing would be thwarted by [the defendant's] abs

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 (7)

CaseCitedYears
Malloy v. Hogan green
scotus · 1964
1 sentence

2024Instead, what due process “requires [is] that a defendant be allowed to be present ‘to the extent that a fair and just hearing would be thwarted by his absence[.]’” Id. (quoting Snyder, 291 U.S. at 108 ).

12024–2024
Tyson v. Surf Oil Co. green
la · 1940
2 sentences

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

11960–1960
Reynolds v. McNeill green
ark · 1951
2 sentences

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

11960–1960
Midwest Oil Corporation v. Winsauer green
tex · 1959
1 sentence

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

11960–1960
South Penn Oil Co. v. Snodgrass green
wva · 1912
2 sentences

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

1960Va. 438 , 76 S.E. 961 ; Cole v. Philadelphia Co., 345 Pa. 315 , 26 A.2d 920 .

11960–1960
Lamb v. Vansyckle green
kyctapp · 1924
2 sentences

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

1960In tbe case now being considered, tbe cessation was for a period of from five to six months.” In Lamb v. Vansyckle, 205 Ky. 597 , 266 S.W. 253 , referred to in Cortner , the Court said that “... we have reached tbe conclusion that the only fair and just rule is to hold that tbe lease continues in force unless tbe period of cessation, viewed in the light of all the circumstances, is for an unreasonable time. ’ ’ Cf. Midwest Oil Corp. v. Winsauer, 323 S.W. 2d 944 (Tex. 1959); Reynolds v. McNeil, 218 Ark. 453 , 236 S.W. 2d 723 ; Tyson v. Surf Oil Co., 195 La. 248 , 196 So. 336 ; South Penn Oil Co

11960–1960
Cole v. Philadelphia Company green
pa · 1942
2 sentences

1960Va. 438 , 76 S.E. 961 ; Cole v. Philadelphia Co., 345 Pa. 315 , 26 A.2d 920 .

1960Va. 438 , 76 S.E. 961 ; Cole v. Philadelphia Co., 345 Pa. 315 , 26 A.2d 920 .

11960–1960

Where else courts name it

OH 111 (1983–2026) MN 54 (1955–2026) NY 32 (1963–2001) IL 31 (1922–2024) WA 27 (1997–2025) TX 25 (1911–2024) CA 23 (1933–2023) CO 22 (1968–2021) GA 19 (1944–2024) NJ 18 (1963–2025) LA 18 (1984–2024) CT 18 (1988–2018) DC 16 (1974–2019) OK 11 (1958–2018) WI 11 (1970–2025) AL 11 (1998–2018) PA 11 (1981–2023) MD 9 (1961–2006) KY 9 (1948–2025) NV 8 (1996–2021) IA 8 (1969–2015) MA 7 (1935–2024) VA 7 (1896–2004) MS 6 (1960–2024) KS 6 (2000–2021) MO 6 (1995–2023) IN 6 (1987–2025) MT 5 (1968–2015) RI 5 (1981–2002) UT 4 (1992–2017) NC 4 (1991–2019) NM 4 (1985–2019) SC 3 (1990–2010) NH 3 (1986–2008) AK 2 (1982–1983) ID 2 (2005–2015) AZ 2 (2007–2007) NE 2 (2003–2017)

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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