47 Mississippi opinions name it 2 courts 1985–2026 5 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.
| Case | Followed | Cited |
|---|---|---|
Kinard v. Morgangreen2 sentences2011“In the absence of a ‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon weighing of relevant factors,’ the judgment of the court’s imposition of sanctions will be affirmed.” Wyssbrod v. Wittjen, 798 So.2d 352, 357 (Miss.2001) (quoting Kinard v. Morgan, 679 So.2d 623, 625 (Miss.1996)). 2007“In the absence of a ‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon weighing of relevant factors,’ the judgment of the court's imposition of sanctions will be affirmed.” Wyssbrod v. Wittjen, 798 So. 2d 352, 357 (Miss. 2001) (quoting Kinard v. Morgan, 679 So. 2d 623, 625 (Miss. 1996)). | 2 | 2 |
Wyssbrod v. Wittjengreen2 sentences2011“In the absence of a ‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon weighing of relevant factors,’ the judgment of the court’s imposition of sanctions will be affirmed.” Wyssbrod v. Wittjen, 798 So.2d 352, 357 (Miss.2001) (quoting Kinard v. Morgan, 679 So.2d 623, 625 (Miss.1996)). 2007“In the absence of a ‘definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon weighing of relevant factors,’ the judgment of the court's imposition of sanctions will be affirmed.” Wyssbrod v. Wittjen, 798 So. 2d 352, 357 (Miss. 2001) (quoting Kinard v. Morgan, 679 So. 2d 623, 625 (Miss. 1996)). | 2 | 2 |
Terry Pitchford v. State of Mississippigreen1 sentence2026On August 6, 2024, this Court granted Brown’s motion to proceed with the appeal. 5 perceive and understand the nature of the proceedings, to communicate rationally with the defendant’s attorney about the case, to recall relevant facts, and to testify in the defendant’s own defense, if appropriate.” See also Pitchford v. State, 240 So. 3d 1061, 1067 (¶31) (Miss. 2017) (“The standard for competency to stand trial is whether the defendant has ‘sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding,’ and ‘has a rational as well as a factual underst | 1 | 1 |
Gammage v. Stategreen1 sentence2026On August 6, 2024, this Court granted Brown’s motion to proceed with the appeal. 5 perceive and understand the nature of the proceedings, to communicate rationally with the defendant’s attorney about the case, to recall relevant facts, and to testify in the defendant’s own defense, if appropriate.” See also Pitchford v. State, 240 So. 3d 1061, 1067 (¶31) (Miss. 2017) (“The standard for competency to stand trial is whether the defendant has ‘sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding,’ and ‘has a rational as well as a factual underst | 1 | 1 |
Leroy Harris v. State of Mississippigreen1 sentence2026See Harris, 174 So. 3d at 319 (¶24). 3. | 1 | 1 |
Casey Sheldon Woods v. State of Mississippigreen1 sentence2024Woods v. State, 242 So. 3d 47, 54 (¶26) (Miss. 2018). | 1 | 1 |
Chester A. Leigh v. Aberdeen School Districtgreen1 sentence2022Leigh, 207 So. 3d at 1281 (¶19). ¶25. | 1 | 1 |
Monty Y. Brown v. George C. McKeegreen1 sentence2020Brown, 242 So. 3d at 129 (¶29). | 1 | 1 |
Chim v. Stategreen1 sentence2020“Where a trial judge finds at a preliminary hearing that a confession is admissible, the defendant/appellant has a heavy burden in attempting to reverse that decision on appeal.” Chim v. State, 972 So. 2d 601, 607 (¶20) (Miss. 2008) (quotation marks omitted). | 1 | 1 |
Bush v. Statered2 sentences2017In addition, we find that the circuit court did not err in " denying Brown’s motion for a JNOV or, in the alternative, a new trial. “[This Court] will only disturb a verdict when it is so contrary to the overwhelming weight of the evidence that to allow it to stand would sanction an unconscionable injustice.” Bush, 895 So.2d at 844 (¶ 18). 2017Therefore, the Court weighs the evidence “in the light most favorable to the verdict.” Id. | 1 | 1 |
Sandlin v. Stategreen1 sentence2017Insofar as Brown makes an ineffective-assistance-of-counsel claim on direct appeal, Brown’s claim is not “based on facts fully apparent from the record.” Sandlin v. State, 156 So. 3d 813, 819 (¶20) (Miss. 2013). | 1 | 1 |
Lewis v. Stategreen1 sentence2016Brown responded to both questions, “Yes, sir.” As stated in the circuit-court’s order dismissing Brown’s motion, “if sufficiently specific, an indictment or information can be used as the sole source of the factual basis for a guilty plea.” Lewis v. State, 48 So.3d 583, 587 (¶ 8) (Miss.Ct.App.2010). | 1 | 1 |
Brown v. Stategreen1 sentence2015Brown v. State, 907 So.2d 979, 981 (¶ 9) (Miss.Ct.App.2005) (finding Brown’s motion both subsequent-writ and time-barred). | 1 | 1 |
Leevester Brown v. State of Mississippigreen1 sentence2015See Brown, 152 So.3d at 1167 (¶ 94). | 1 | 1 |
Howell v. Stategreen2 sentences2014In its Response, the State argued that Brown was able to obtain bail, that he had retained his own counsel, and that he had “made his own choice as to where to pay his monies.” The State also argued that an expert was not necessary to Brown’s defense, and that his request was merely a “fishing expedition.” The trial judge agreed with the State and denied Brown’s motion, stating in his order that “[t]here is no authority to allow funds for expert assistance to a Defendant with retained counsel who has not been found to be indigent.” (citing Howell v. State, 860 So.2d 704, 720-23 (Miss.2003)). 2014In its Response, the State argued that Brown was able to obtain bail, that he had retained his own counsel, and that he had “made his own choice as to where to pay his monies.” The State also argued that an expert was not necessary to Brown’s defense, and that his request was merely a “fishing expedition.” The trial judge agreed with the State and denied Brown’s motion, stating in his order that “[t]here is no authority to allow funds for expert assistance to a Defendant with retained counsel who has not been found to be indigent.” (citing Howell v. State, 860 So.2d 704, 720-23 (Miss.2003)). | 1 | 1 |
| State v. Burnsgreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Jones v. Stategreen | 1 | 1 |
| Cook v. Stategreen | 1 | 1 |
| Bradley v. Stategreen | 1 | 1 |
| Rayborn v. Stategreen | 1 | 1 |
| McLamb v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| McLamb v. Stategreen | 1 | 1 |
| Kirkwood v. Stategreen | 1 | 1 |
| Magee v. Stategreen | 1 | 1 |
| Ashley v. Stategreen | 1 | 1 |
| Ross v. Stategreen | 1 | 1 |
| Cowan v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Nobles v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Sudduth v. Stategreen | 1 | 1 |
| Brown v. Stategreen | 1 | 1 |
| Fruchter v. Lynch Oil Co.green | 1 | 1 |
| Jones v. Stategreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Eaton v. State
neutral
2 sentences2004Eaton v. State, 200 Miss. 729 , 28 So.2d 230 (1946). 2004Eaton v. State, 200 Miss. 729 , 28 So.2d 230 (1946). | 4 | 1985–2004 |
Tate v. State
green
2 sentences2006In Tate , we confronted the Smith/Brown rule change and its effect on a pre-2004 trial. 912 So.2d at 927-28 . 2000In Tate, we confronted the Smith/Brown rule change and its effect on a pre-2004 trial. 912 So. 2d at 927-28 . | 2 | 2000–2006 |
Crawford v. State
green
2 sentences2006The State argues Brown's claim that he was a good student while enrolled in school, that he earned his GED, and that he entered the military and received an honorable discharge is not newly discovered evidence, as required by this Court's ruling in Crawford v. State, 867 So.2d 196 (Miss.2003), and that such evidence is negative and weak and would not have mitigated against the aggravating factors and clear evidence of Brown's guilt. ¶ 21. 2002The State argues Brown’s claim that he was a good student while enrolled in school, that he earned his GED, and that he entered the military and received an honorable discharge is not newly discovered evidence, as required by this Court’s ruling in Crawford v. State, 867 So. 2d 196 (Miss. 2003), and that such evidence is negative and weak and would not have mitigated against the aggravating factors and clear evidence of Brown’s guilt. ¶21. | 2 | 2002–2006 |
Underwood v. State
green
2 sentences2006This Court reiterated in Underwood v. State, 919 So.2d 931 (Miss.2005), that "[j]udicial scrutiny of counsel's performance must be highly deferential. . . . 2002This Court reiterated in Underwood v. State, 919 So.2d 931 (Miss. 2005), that “[j]udicial scrutiny of counsel's performance must be highly deferential. . . . | 2 | 2002–2006 |
Brown v. State
green
2 sentences2004On Brown's claim that the State coerced false testimony from a witness, this Court noted, "[t]he record reflects that the defense was fully aware of the existence of all of Coleman Jones' statements and their inconsistencies." Id. at 491 . 1996On Brown's claim that the State coerced false testimony from a witness, this Court noted, "[t]he record reflects that the defense was fully aware of the existence of all of Coleman Jones' statements and their inconsistencies." Id. at 491 . | 2 | 1996–2004 |
Brown v. State
green
2 sentences2002Id. (citing Eaton v. State, 200 Miss. 729 , 28 So.2d 230 (1946)). ¶ 9. 2000Id. (citing Eaton v. State, 200 Miss. 729 , 28 So.2d 230 (1946)). ¶9. | 2 | 2000–2002 |
Henry v. State
green
2 sentences2000Henry, 486 So.2d at 1213 . (3) The presence of intervening circumstances ¶ 14. 2000Henry, 486 So.2d at 1213 . (3) The presence of intervening circumstances ¶ 14. | 2 | 1998–2000 |
Presley v. Mississippi State Hwy. Com'n
green
2 sentences1997Apparently Brown concedes this point when she states in her brief that "[t]he plaintiff asserts that § 46-46-1 et Seq (sic) of Mississippi Code of 1972 Annotated only immunizes the State and its political subdivisions as well as its employees, trustees, officers, or agents from liability and suit for torts and torts of employees." Additionally, we take this opportunity to reinforce our "prospective only" application of Presley v. Mississippi State Highway Comm'n, 608 So.2d 1288 (Miss. 1992). 1995Apparently Brown concedes this point when she states in her brief that "[t]he plaintiff asserts that §46-46-1 et Seq (sic) of Mississippi Code of 1972 Annotated only immunizes the State and its political subdivisions as well as its employees, trustees, officers, or agents from liability and suit for torts and torts of employees." Additionally, we take this opportunity to reinforce our "prospective only" application of Presley v. Mississippi State Highway Comm'n, 608 So. 2d 1288 (Miss. 1992). | 2 | 1995–1997 |
Brown v. Texas
green
2 sentences2025The Brown test “weighs ‘the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.’” McLendon (quoting Brown, 443 U.S. at 50-51 ). 2025The Brown test “weighs ‘the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.’” McLendon (quoting Brown, 443 U.S. at 50-51 ). | 1 | 2025–2025 |
Thomas Glynn Flynt v. State of Mississippi
green
1 sentence2018Further, the jury simply could have found that Brown's claim of ownership was not truthful. " 'Factual disputes are properly resolved by a jury....' " Flynt v. State , 183 So.3d 1 , 10 (Miss. 2015) (citing Beasley v. State , 136 So.3d 393 , 403 (Miss. 2014) ). ¶ 13. | 1 | 2018–2018 |
Beasley v. State
green
1 sentence2018Further, the jury simply could have found that Brown's claim of ownership was not truthful. " 'Factual disputes are properly resolved by a jury....' " Flynt v. State , 183 So.3d 1 , 10 (Miss. 2015) (citing Beasley v. State , 136 So.3d 393 , 403 (Miss. 2014) ). ¶ 13. | 1 | 2018–2018 |
Keller v. State
green
1 sentence2018Thus, if a defendant moves to suppress a confession as an exploitation of an illegal arrest, the trial judge must make findings of fact relevant to these " Brown factors," and the judge must then determine whether the confession was a product of the defendant's "free will" based on the "circumstantial evidence" and the "totality of the circumstances." See Keller v. State , 138 So.3d 817 , 851-52 (¶¶ 79-82) (Miss. 2014). | 1 | 2018–2018 |
Walton v. State
green
1 sentence2016Where a judge advises a defendant of his rights, the nature of the charges, and the consequences of the plea, a guilty plea is determined to be “voluntarily and intelligently given.” Id. | 1 | 2016–2016 |
McFadden v. State
green
1 sentence2015Notably, in Brown , the Supreme Court specifically distinguished Brown’s claim from the claim that this Court rejected in McFadden v. State, 929 So.2d 365 (Miss.Ct.App.2006). | 1 | 2015–2015 |
| Ake v. Oklahoma green | 1 | 2014–2014 |
Wilcher v. State
green
2 sentences2014Id. 2014Id. | 1 | 2014–2014 |
| Brown v. State green | 1 | 2001–2001 |
| Blackwell v. Sessums green | 1 | 1996–1996 |
| Ohio v. Roberts red | 1 | 1986–1986 |
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.
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.