statute creates presumption (Mississippi) · Go Syfert
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statute creates presumption in Mississippi

6 Mississippi opinions name it 2 courts 1987–2009 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 (2)

CaseFollowedCited
Madden v. Rhodesgreen
miss · 1993 · cited in 2 Mississippi opinions naming this issue, 1999–1999
2 sentences

1999See Madden v. Rhodes, 626 So.2d 608, 616 (Miss.1993).

1999See Madden v. Rhodes, 626 So.2d 608, 616 (Miss.1993).

22
Caves v. Yarbroughgreen
miss · 2008 · cited in 1 Mississippi opinions naming this issue, 2009–2009
1 sentence

2009The MTCA was amended as late as 2008. “[C]ongressional re-enactment of a statute creates a presumption of legislative approval of the Court’s prior interpretations of that statute.” Caves v. Yarbrough, 991 So.2d 142, 153 (¶ 42) (Miss.2008).

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
Helvering v. Hallock green
scotus · 1940
2 sentences

2008While we do not agree that the Legislature's mere silence is enough, we do agree with the view offered by Justice Roberts in Helvering v. Hallock, 309 U.S. 106, 130-32 , 60 S.Ct. 444 , 84 L.Ed. 604 (1940), that congressional re-enactment of a statute creates a presumption of legislative approval of the Court's prior interpretations of that statute.

2008While we do not agree that the Legislature's mere silence is enough, we do agree with the view offered by Justice Roberts in Helvering v. Hallock, 309 U.S. 106, 130-32 , 60 S.Ct. 444 , 84 L.Ed. 604 (1940), that congressional re-enactment of a statute creates a presumption of legislative approval of the Court's prior interpretations of that statute.

12008–2008
Carpenter v. Nobile green
miss · 1993
1 sentence

2001Carpenter, 620 So.2d at 963-64 .

12001–2001
Clark v. City of Pascagoula green
miss · 1987
1 sentence

1987Even more persuasive is the language in the recent case of Clark v. City of Pascagoula, 507 So.2d 70 (Miss. 1987), where this Court addressed the question of admissibility of a blood sample taken from a deceased body pursuant to § 63-11-7, Mississippi Code Annotated (1972).

11987–1987

Where else courts name it

IL 48 (1925–2025) NY 32 (1913–2026) CA 30 (1931–2025) CT 22 (1927–2003) MO 13 (1895–2006) DC 8 (1880–2018) TX 7 (1976–2016) OH 6 (1870–2011) MN 6 (1981–2018) IN 6 (1901–2013) MS 6 (1987–2009) FL 5 (1990–2021) IA 5 (1927–1999) CO 5 (1978–2019) AL 5 (1873–1930) WA 5 (2015–2017) NJ 4 (2003–2019) LA 4 (1980–2008) WI 4 (1985–2020) NC 4 (1975–2014) MI 4 (1978–2026) OR 4 (1923–2023) PA 4 (1958–2004) ME 3 (1953–2017) AZ 3 (1967–2012) MA 3 (2007–2020) NH 3 (1997–2020) UT 2 (1993–2008) HI 2 (1971–1981) TN 2 (1980–1999) KS 2 (1989–2022) VT 2 (2006–2023) OK 2 (1977–1985)

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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