retrospective hearing (Mississippi) · Go Syfert
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retrospective hearing in Mississippi

6 Mississippi opinions name it 2 courts 2012–2023 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 (8)

CaseFollowedCited
Kenneth W. Wheat, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Department of Corrections, Cross-Appelleesgreen
ca5 · 1986 · cited in 2 Mississippi opinions naming this issue, 2021–2023
2 sentences

2023See Wheat, 793 F.2d at 630 ; In re Galaviz, 232 Cal. Rptr. 3d 829, 843 (Cal. Ct. App. 2018).

2021In determining whether a retrospective hearing would be meaningful and adequate, the court considers “the transcript of the trial,” “contemporaneous expert medical evidence,” and “recollections of non-experts (including the observations of the trial judge) who had the opportunity to interact with defendant during the relevant period.” Id.

12
Hearn v. Stategreen
miss · 2008 · cited in 2 Mississippi opinions naming this issue, 2012–2017
2 sentences

2017Id. (citing Hearn v. State , 3 So.3d 722 , 730 (Miss. 2008) (which held that a Rule 9.06 hearing did not necessarily have to take place as long as "the purposes of Rule 9.06 were satisfied")). ¶ 47.

2012In Hearn v. State, the Mississippi Supreme Court found “the trial court failed to comply in the strictest technical sense with Rule 9.06[.]” Hearn v. State, 3 So.3d 722, 730(19) (Miss.2008).

12
Terry Pitchford v. State of Mississippigreen
miss · 2017 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023Pitchford, 240 So. 3d at 1070 (¶50).

11
Banana v. Stategreen
miss · 1994 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023The circuit court’s order then determined that sufficient 5 Banana v. State, 635 So. 2d 851, 853-54 (Miss. 1994). 6 Baker v. State, 358 So. 2d 401, 403 (Miss. 1978). 7 This rule has since been supplanted by the Mississippi Rules of Criminal Procedure, effective July 1, 2017. 9 information existed to make the retrospective hearing meaningful.

11
Coleman v. Stategreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023Coleman, 127 So. 3d at 166, 168 (¶¶13, 19-20).

11
In re Galavizgreen
calctapp5d · 2018 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023See Wheat, 793 F.2d at 630 ; In re Galaviz, 232 Cal. Rptr. 3d 829, 843 (Cal. Ct. App. 2018).

11
Baker v. Stategreen
miss · 1978 · cited in 1 Mississippi opinions naming this issue, 2023–2023
1 sentence

2023The circuit court’s order then determined that sufficient 5 Banana v. State, 635 So. 2d 851, 853-54 (Miss. 1994). 6 Baker v. State, 358 So. 2d 401, 403 (Miss. 1978). 7 This rule has since been supplanted by the Mississippi Rules of Criminal Procedure, effective July 1, 2017. 9 information existed to make the retrospective hearing meaningful.

11
Goodin v. Stategreen
miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2015–2015
2 sentences

2015Goodin, 102 So.3d at 1114 (¶ 39).

2015Goodin v. State, 102 So.3d 1102, 1104 (Miss.2012) (internal citations omitted).

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 (3)

CaseCitedYears
People v. Ary green
cal · 2011
2 sentences

2017James , 86 So.3d at 293 (citing People v. Ary , 51 Cal. 4th 510 , 120 Cal.Rptr.3d 431 , 246 P.3d 322 , 329 (2011) ). ¶ 49.

2017James , 86 So.3d at 293 (citing People v. Ary , 51 Cal. 4th 510 , 120 Cal.Rptr.3d 431 , 246 P.3d 322 , 329 (2011) ). ¶ 49.

12017–2017
James v. State green
missctapp · 2012
2 sentences

2017Id. (citing Hearn v. State , 3 So.3d 722 , 730 (Miss. 2008) (which held that a Rule 9.06 hearing did not necessarily have to take place as long as "the purposes of Rule 9.06 were satisfied")). ¶ 47.

2017James , 86 So.3d at 293 (citing People v. Ary , 51 Cal. 4th 510 , 120 Cal.Rptr.3d 431 , 246 P.3d 322 , 329 (2011) ). ¶ 49.

12017–2017
Donald Keith Smith v. State of Mississippi green
miss · 2014
2 sentences

2015Id.

2015Id.

12015–2015

Where else courts name it

FL 45 (1986–2026) CA 25 (1984–2026) TX 16 (1980–2021) IL 13 (1998–2023) WI 11 (1988–2024) KS 10 (1923–2026) MS 6 (2012–2023) DC 6 (1976–2015) PA 6 (1979–2022) NY 5 (1982–2011) OH 5 (1991–2022) VA 5 (1993–2024) KY 5 (2001–2020) NC 4 (2004–2020) ID 4 (2015–2017) AZ 3 (1982–2024) MO 3 (2013–2017) NV 2 (2021–2021) LA 2 (1981–2016) OR 2 (1980–2022)

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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