Biggers factors in Mississippi

43 Mississippi opinions name it 2 courts 1982–2020 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 (24)

Case	Followed	Cited
Neil v. Biggersgreen scotus · 1972 · cited in 25 Mississippi opinions naming this issue, 1982–2020 2 sentences 2020In so doing, a trial court must engage in “a two-step inquiry for allegations of an impermissible identification: (1) the court must 6 first determine whether the identification was unduly suggestive; if that inquiry is answered affirmatively, then (2) the court must determine whether, under the totality of the circumstances and using the five Biggers factors, the identification was nevertheless reliable.” Id. 2017To evaluate the likelihood of misidentification, the trial court must consider the Biggers factors: “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.” Id, (quoting Biggers , 409 U.S, at 199, 93 S.Ct. 375 ). ¶ 7.	7	25
York v. Stategreen miss · 1982 · cited in 8 Mississippi opinions naming this issue, 1999–2020 2 sentences 2020Rather, if such an 8 objection is raised, the trial judge must consider the evidence and the Biggers factors and make a preliminary finding of fact as to whether, “considering the totality of the circumstances,” the identification procedures created “a very substantial likelihood of misidentification.” Id. at 671-72 (¶¶8-9) (quoting Roche v. State, 913 So. 2d 306, 311 (¶14) (Miss. 2005)). “[A]n accused who seeks to exclude identification testimony based upon an alleged due process violation faces a very heavy burden.” Id. at 673 (¶15) (quoting York v. State, 413 So. 2d 1372, 1384 (Miss. 1982)) 2019The Mississippi Supreme Court adopted the Biggers test in York v. State, 413 So. 2d 1372, 1382 (Miss 1982). ¶20.	7	8
Fleming v. Stategreen miss · 1992 · cited in 5 Mississippi opinions naming this issue, 1992–2020 2 sentences 2020It is well-settled that “an objection on one or more specific grounds constitutes a waiver of all other grounds.” Fleming v. State, 604 So.2d 280, 292 (Miss. 1992); accord, e.g., Whittaker v. State, 262 So. 3d 531, 534 (¶¶10-12) (Miss. 2019). 2020It is well-settled that “an objection on one or more specific grounds constitutes a waiver of all other grounds.” Fleming v. State, 604 So.2d 280, 292 (Miss. 1992); accord, e.g., Whittaker v. State, 262 So. 3d 531, 534 (¶¶10-12) (Miss. 2019).	5	5
Gayten v. Stategreen miss · 1992 · cited in 5 Mississippi opinions naming this issue, 1992–2007 2 sentences 2007The Biggers factors may then be used "to determine whether the in-court identification is sufficiently reliable to overcome the taint of the prior improperly attained identification." Ellis v. State, 667 So.2d 599, 605 (Miss.1995) (quoting Gayten v. State, 595 So.2d 409, 418 (Miss.1992)). ¶ 22. 2007The Biggers factors may then be used "to determine whether the in-court identification is sufficiently reliable to overcome the taint of the prior improperly attained identification." Ellis v. State, 667 So.2d 599, 605 (Miss.1995) (quoting Gayten v. State, 595 So.2d 409, 418 (Miss.1992)). ¶ 22.	5	5
Roche v. Stategreen miss · 2005 · cited in 7 Mississippi opinions naming this issue, 2005–2020 2 sentences 2020Rather, if such an 8 objection is raised, the trial judge must consider the evidence and the Biggers factors and make a preliminary finding of fact as to whether, “considering the totality of the circumstances,” the identification procedures created “a very substantial likelihood of misidentification.” Id. at 671-72 (¶¶8-9) (quoting Roche v. State, 913 So. 2d 306, 311 (¶14) (Miss. 2005)). “[A]n accused who seeks to exclude identification testimony based upon an alleged due process violation faces a very heavy burden.” Id. at 673 (¶15) (quoting York v. State, 413 So. 2d 1372, 1384 (Miss. 1982)) 2009The five Biggers factors are “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.” Roche, 913 So.2d at 311 (quoting Biggers, 409 U.S. at 199-200 , 93 S.Ct. 375 ). ¶ 26.	3	7
Jones v. Stategreen miss · 1987 · cited in 3 Mississippi opinions naming this issue, 1990–2007 2 sentences 2007Wilson v. State, 574 So.2d 1324, 1327 (Miss.1990) (citing Jones v. State, 504 So.2d 1196, 1199 (Miss. 1987)). 2007Wilson v. State, 574 So.2d 1324, 1327 (Miss.1990) (citing Jones v. State, 504 So.2d 1196, 1199 (Miss. 1987)).	3	3
Ellis v. Stategreen miss · 1995 · cited in 6 Mississippi opinions naming this issue, 1992–2007 2 sentences 2007The Biggers factors may then be used "to determine whether the in-court identification is sufficiently reliable to overcome the taint of the prior improperly attained identification." Ellis v. State, 667 So.2d 599, 605 (Miss.1995) (quoting Gayten v. State, 595 So.2d 409, 418 (Miss.1992)). ¶ 22. 2007The Biggers factors may then be used "to determine whether the in-court identification is sufficiently reliable to overcome the taint of the prior improperly attained identification." Ellis v. State, 667 So.2d 599, 605 (Miss.1995) (quoting Gayten v. State, 595 So.2d 409, 418 (Miss.1992)). ¶ 22.	2	6
Wilson v. Stategreen miss · 1990 · cited in 2 Mississippi opinions naming this issue, 1992–2007 2 sentences 2007Wilson v. State, 574 So.2d 1324, 1327 (Miss.1990) (citing Jones v. State, 504 So.2d 1196, 1199 (Miss. 1987)). 2007Wilson v. State, 574 So.2d 1324, 1327 (Miss.1990) (citing Jones v. State, 504 So.2d 1196, 1199 (Miss. 1987)).	2	2
Manson v. Brathwaitegreen scotus · 1977 · cited in 2 Mississippi opinions naming this issue, 2000–2001 2 sentences 2001York v. State, 413 So.2d 1372, 1382 (Miss.1982) relying on Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)("[R]eliability is the linchpin in determining the admissibility [of out-of-court identifications]...."). ¶ 13. 2001York v. State, 413 So.2d 1372, 1382 (Miss.1982) relying on Manson v. Brathwaite, 432 U.S. 98 , 97 S.Ct. 2243 , 53 L.Ed.2d 140 (1977)("[R]eliability is the linchpin in determining the admissibility [of out-of-court identifications]...."). ¶ 13.	2	2
Foster v. Stategreen miss · 1986 · cited in 2 Mississippi opinions naming this issue, 1992–1999 2 sentences 1999The Biggers factors are only “evaluated with a view toward determining whether the testimony appears sufficiently reliable to overcome the taint of the prior improperly attained identification.” Gayten v. State, 595 So.2d 409, 418 (Miss.1992) (citing Foster v. State, 493 So.2d 1304 (Miss.1986); Poole v. State, 216 So.2d 425 (Miss.1968)). ¶ 21. 1999The Biggers factors are only “evaluated with a view toward determining whether the testimony appears sufficiently reliable to overcome the taint of the prior improperly attained identification.” Gayten v. State, 595 So.2d 409, 418 (Miss.1992) (citing Foster v. State, 493 So.2d 1304 (Miss.1986); Poole v. State, 216 So.2d 425 (Miss.1968)). ¶ 21.	1	2
Whitlock v. Stategreen miss · 2010 · cited in 1 Mississippi opinions naming this issue, 2020–2020 1 sentence 2020Rather, if such an 8 objection is raised, the trial judge must consider the evidence and the Biggers factors and make a preliminary finding of fact as to whether, “considering the totality of the circumstances,” the identification procedures created “a very substantial likelihood of misidentification.” Id. at 671-72 (¶¶8-9) (quoting Roche v. State, 913 So. 2d 306, 311 (¶14) (Miss. 2005)). “[A]n accused who seeks to exclude identification testimony based upon an alleged due process violation faces a very heavy burden.” Id. at 673 (¶15) (quoting York v. State, 413 So. 2d 1372, 1384 (Miss. 1982))	1	1
Outerbridge v. Stategreen miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2020–2020 1 sentence 2020And the trial judge’s findings on this issue will not be disturbed if they are supported by “substantial credible evidence.” Id. at 672 (¶8) (quoting Outerbridge v. State, 947 So. 2d 279, 282 (¶8) (Miss. 2006)).	1	1
William Lee Whittaker, II v. State of Mississippigreen miss · 2019 · cited in 1 Mississippi opinions naming this issue, 2020–2020 2 sentences 2020It is well-settled that “an objection on one or more specific grounds constitutes a waiver of all other grounds.” Fleming v. State, 604 So.2d 280, 292 (Miss. 1992); accord, e.g., Whittaker v. State, 262 So. 3d 531, 534 (¶¶10-12) (Miss. 2019). 2020It is well-settled that “an objection on one or more specific grounds constitutes a waiver of all other grounds.” Fleming v. State, 604 So.2d 280, 292 (Miss. 1992); accord, e.g., Whittaker v. State, 262 So. 3d 531, 534 (¶¶10-12) (Miss. 2019).	1	1
Howell v. Stategreen miss · 2003 · cited in 1 Mississippi opinions naming this issue, 2014–2014 2 sentences 2014The Howell I Court applied the Biggers factors and held that, “[u]nder the totality of the circumstances, there is no likelihood whatsoever, that Rice’s identification was not reliable.” Howell I, 860 So.2d at 730-31 (¶¶ 89-92) (discussing Neil v. Biggers, 409 U.S. 188, 199 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972)). 2014The Howell I Court applied the Biggers factors and held that, “[u]nder the totality of the circumstances, there is no likelihood whatsoever, that Rice’s identification was not reliable.” Howell I, 860 So.2d at 730-31 (¶¶ 89-92) (discussing Neil v. Biggers, 409 U.S. 188, 199 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972)).	1	1
Christmas v. Stategreen miss · 2009 · cited in 1 Mississippi opinions naming this issue, 2012–2012 2 sentences 2012Id. at 419 (¶25) (citing Neil v. Biggers, 409 U.S. 188, 199-200 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972)). 2012Id. at 419 (¶25) (citing Neil v. Biggers, 409 U.S. 188, 199-200 , 93 S.Ct. 375 , 34 L.Ed.2d 401 (1972)).	1	1
McDowell v. Stategreen miss · 2001 · cited in 1 Mississippi opinions naming this issue, 2008–2008 2 sentences 2008McDowell v. State, 807 So.2d 413, 418-19 (¶ 12) (Miss.2001) (citing Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ). 2008McDowell v. State, 807 So.2d 413, 418-19 (¶ 12) (Miss.2001) (citing Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ).	1	1
Guerrero v. Stategreen missctapp · 2006 · cited in 1 Mississippi opinions naming this issue, 2007–2007 2 sentences 2007Guerrero , 943 So.2d at 779 (¶ 12). ¶ 18. 2007Guerrero , 943 So.2d at 779 (¶ 12). ¶ 18.	1	1
Hansen v. Stategreen miss · 1991 · cited in 1 Mississippi opinions naming this issue, 2007–2007 2 sentences 2007When a trial court determines that such testimony is reliable under the Biggers test, this Court will not reverse unless there is a lack of “substantial credible evidence supporting the trial judge’s findings.” Hansen v. State, 592 So. 2d 114, 138 (Miss. 1991) (quoting Nicholson v. State, 523 So. 2d 68, 71 (Miss. 1988)). ¶27. 2007When a trial court determines that such testimony is reliable under the Biggers test, this Court will not reverse unless there is a lack of “substantial credible evidence supporting the trial judge’s findings.” Hansen v. State, 592 So. 2d 114, 138 (Miss. 1991) (quoting Nicholson v. State, 523 So. 2d 68, 71 (Miss. 1988)). ¶27.	1	1
Nicholson v. Stategreen miss · 1988 · cited in 1 Mississippi opinions naming this issue, 2007–2007 2 sentences 2007When a trial court determines that such testimony is reliable under the Biggers test, this Court will not reverse unless there is a lack of “substantial credible evidence supporting the trial judge’s findings.” Hansen v. State, 592 So. 2d 114, 138 (Miss. 1991) (quoting Nicholson v. State, 523 So. 2d 68, 71 (Miss. 1988)). ¶27. 2007When a trial court determines that such testimony is reliable under the Biggers test, this Court will not reverse unless there is a lack of “substantial credible evidence supporting the trial judge’s findings.” Hansen v. State, 592 So. 2d 114, 138 (Miss. 1991) (quoting Nicholson v. State, 523 So. 2d 68, 71 (Miss. 1988)). ¶27.	1	1
Mason v. Stategreen missctapp · 1999 · cited in 1 Mississippi opinions naming this issue, 2003–2003 2 sentences 2003“Even though the pre-trial identification is impermissibly suggestive,” an in-court identification should only be excluded if the conduct, considered under the Biggers factors, “gave rise to a very substantial likelihood of irreparable mis-identifieation.” Mason v. State, 736 So.2d 1053, 1056 (¶ 9) (Miss.Ct.App.1999); see also York v. State, 413 So.2d 1372, 1384 (Miss.1982). ¶ 14. 2003“Even though the pre-trial identification is impermissibly suggestive,” an in-court identification should only be excluded if the conduct, considered under the Biggers factors, “gave rise to a very substantial likelihood of irreparable mis-identifieation.” Mason v. State, 736 So.2d 1053, 1056 (¶ 9) (Miss.Ct.App.1999); see also York v. State, 413 So.2d 1372, 1384 (Miss.1982). ¶ 14.	1	1
Burrell v. Stategreen miss · 1993 · cited in 1 Mississippi opinions naming this issue, 2002–2002 1 sentence 2002Burrell v. State, 613 So.2d 1186, 1192 (Miss.1993).	1	1
White v. Stategreen miss · 1987 · cited in 1 Mississippi opinions naming this issue, 2002–2002 2 sentences 2002White v. State, 507 So.2d 98, 100 (Miss.1987). 2002White v. State, 507 So.2d 98, 100 (Miss.1987).	1	1
Cannon v. Gessnergreen lactapp · 1989 · cited in 1 Mississippi opinions naming this issue, 1992–1992 2 sentences 1992Wilson, 547 So. 2d at 1327. 1992Wilson, 547 So. 2d at 1327.	1	1
Lannom v. Stategreen miss · 1985 · cited in 1 Mississippi opinions naming this issue, 1990–1990 2 sentences 1990Assuming arguendo, that the lineup was impermissibly suggestive, Manuel's identification does not have to be excluded "if upon consideration of the totality of the circumstances there was no substantial 1328 likelihood of misidentification." Lannom v. State, 464 So.2d 492, 494 (Miss. 1985). 1990Assuming arguendo, that the lineup was impermissibly suggestive, Manuel's identification does not have to be excluded "if upon consideration of the totality of the circumstances there was no substantial 1328 likelihood of misidentification." Lannom v. State, 464 So.2d 492, 494 (Miss. 1985).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (25)

Case	Cited	Years
Poole v. State green miss · 1968 2 sentences 1999The Biggers factors are only “evaluated with a view toward determining whether the testimony appears sufficiently reliable to overcome the taint of the prior improperly attained identification.” Gayten v. State, 595 So.2d 409, 418 (Miss.1992) (citing Foster v. State, 493 So.2d 1304 (Miss.1986); Poole v. State, 216 So.2d 425 (Miss.1968)). ¶ 21. 1999The Biggers factors are only “evaluated with a view toward determining whether the testimony appears sufficiently reliable to overcome the taint of the prior improperly attained identification.” Gayten v. State, 595 So.2d 409, 418 (Miss.1992) (citing Foster v. State, 493 So.2d 1304 (Miss.1986); Poole v. State, 216 So.2d 425 (Miss.1968)). ¶ 21.	3	1982–1999
Simmons v. United States green scotus · 1968 2 sentences 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1	2	1982–2020
Johnson v. State green miss · 2005 2 sentences 2015Id. 2015Id.	2	2015–2015
Horne v. State green miss · 2002 2 sentences 2006In Horne v. State, 825 So.2d 627, 637 (Miss. 2002), this Court set forth the five Biggers factors which this court must consider to determine whether the standard has been met for the identification testimony. 2005In Horne v. State, 825 So. 2d 627, 637 (Miss. 2002), this Court set forth the five Biggers factors which this court must consider to determine whether the standard has been met for the identification testimony.	2	2005–2006
Stewart v. State green miss · 1979	1	1982–1982
Gentry v. State green miss · 1976	1	1982–1982
Evans v. State green miss · 1973	1	1982–1982
Dorsey v. State green miss · 1971	1	1982–1982
Scott v. State green miss · 1978 2 sentences 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1	1	1982–1982
Johnson v. State green miss · 1978	1	1982–1982
Baylor v. State green miss · 1971	1	1982–1982
Fells v. State green miss · 1977	1	1982–1982
Stovall v. Denno green scotus · 1967	1	1982–1982
Sanders v. State green miss · 1969	1	1982–1982
Miller v. State green miss · 1981	1	1982–1982
Oliver v. State neutral miss · 1973	1	1982–1982
Bankston v. State green miss · 1980	1	1982–1982
Butler v. State green miss · 1968	1	1982–1982
Clubb v. State green miss · 1977	1	1982–1982
Allen v. State green miss · 1973	1	1982–1982
Auman v. State green miss · 1973	1	1982–1982
Kimbrough v. State green miss · 1980	1	1982–1982
Chambers v. State green miss · 1981	1	1982–1982
Wilson v. State green miss · 1977	1	1982–1982
Harmon v. State neutral miss · 1971 2 sentences 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1 1982In any event, this Court has consistently adhered to the Biggers factors on all in-court identifications. [11] Chambers v. State, 402 So.2d 344 (Miss. 1981); Miller v. State, 399 So.2d 1338 (Miss. 1981); Bankston v. State, 391 So.2d 1005 (Miss. 1980); Kimbrough v. State, 379 So.2d 934 (Miss. 1980); Stewart v. State, 377 So.2d 1067 (Miss. 1979); Johnson v. State, 359 So.2d 1371 (Miss. 1979); Scott v. State, 359 So.2d 1355 (Miss. 1978); Clubb v. State, 350 So.2d 693 (Miss. 1977); Wilson v. State, 344 So.2d 739 (Miss. 1977); Fells v. State, 345 So.2d 618 (Miss. 1977); Gentry v. State, 338 So.2d 1	1	1982–1982

Statutes the citing opinions construe

MS § Miss. Code Ann. § 97-3-19 (6) MS § Miss. Code Ann. § 97-3-79 (5) MS § Miss. Code Ann. § 97-17-23 (4) MS § Miss. Code Ann. § 97-3-95 (4) MS § Miss. Code Ann. § 99-19-101 (4) MS § Miss. Code Ann. § 99-19-105 (4) MS § Miss. Code Ann. § 13-5-1 (3) MS § Miss. Code Ann. § 99-19-81 (3) MS § Miss. Code Ann. § 99-9-33 (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.

Where else courts name it

IL 99 (2005–2026) TX 81 (1982–2025) MS 43 (1982–2020) TN 20 (1994–2022) AZ 17 (1987–2020) OH 15 (1999–2025) VA 12 (1997–2025) CT 11 (2005–2025) WA 11 (2001–2025) KY 9 (1995–2020) MD 9 (1998–2019) KS 9 (1992–2012) NH 7 (1982–2016) AL 6 (1984–2014) FL 5 (1983–2018) IA 4 (2018–2023) WI 4 (1997–2021) WV 4 (1981–1989) SC 4 (2003–2022) MI 4 (2020–2023) NY 3 (1979–2010) DC 3 (2021–2025) ND 3 (1988–2007) RI 2 (2018–2021) DE 2 (1975–2023) UT 2 (2004–2015) HI 2 (1981–2019) PA 2 (2019–2020)

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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