Eighth Amendment bar in Mississippi

42 Mississippi opinions name it 2 courts 1986–2025 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 (17)

Case	Followed	Cited
Conner v. Statered miss · 1994 · cited in 8 Mississippi opinions naming this issue, 1994–1999 2 sentences 1999Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	8	8
Jenkins v. Stategreen miss · 1992 · cited in 8 Mississippi opinions naming this issue, 1994–1999 2 sentences 1999Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	8	8
Jordan v. Stategreen miss · 2005 · cited in 4 Mississippi opinions naming this issue, 2002–2007 2 sentences 2007In Jordan v. State, 918 So.2d 636, 661 (Miss.2005), the petitioner failed to raise lethal injection as an Eighth Amendment claim and this Court employed the procedural bar. 2007In Jordan v. State, 918 So.2d 636, 661 (Miss.2005), the petitioner failed to raise lethal injection as an Eighth Amendment claim and this Court employed the procedural bar.	4	4
Hansen v. Stategreen miss · 1991 · cited in 8 Mississippi opinions naming this issue, 1994–1999 2 sentences 1999Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	3	8
United States v. Chandler, IIgreen ca4 · 1994 · cited in 4 Mississippi opinions naming this issue, 1993–1998 2 sentences 1998Id. (emphasis added). 1998Id. (emphasis added).	2	4
Mr. And Mrs. J.L. Rogers, Etc. v. David C. Evans, Leland Q. Linahan, Mr. And Mrs. J.L. Rogers, Etc. v. Vendya Lewisgreen ca11 · 1986 · cited in 2 Mississippi opinions naming this issue, 2002–2003 2 sentences 2003Harris, 941 F.2d at 1505 (citing Rogers v. Evans, 792 F.2d 1052, 1058 (11th Cir. 1986)). ¶ 31. 2003Harris, 941 F.2d at 1505 (citing Rogers v. Evans, 792 F.2d 1052, 1058 (11th Cir. 1986)). ¶ 31.	2	2
Hoops v. Stategreen miss · 1996 · cited in 2 Mississippi opinions naming this issue, 1997–1999 2 sentences 1999We have continued to state that "[s]entencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute." Hoops v. State, 681 So.2d 521, 537 (Miss.1996). 1999We have continued to state that "[s]entencing is within the complete discretion of the trial court and not subject to appellate review if it is within the limits prescribed by statute." Hoops v. State, 681 So.2d 521, 537 (Miss.1996).	2	2
Solem v. Helmred scotus · 1983 · cited in 3 Mississippi opinions naming this issue, 1990–2025 2 sentences 1990Our Eighth Amendment analysis is guided by two factually dissimilar cases from the United States Supreme Court, Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980) and Solem v. Helm, 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983). 1990Our Eighth Amendment analysis is guided by two factually dissimilar cases from the United States Supreme Court, Rummel v. Estelle, 445 U.S. 263 , 100 S.Ct. 1133 , 63 L.Ed.2d 382 (1980) and Solem v. Helm, 463 U.S. 277 , 103 S.Ct. 3001 , 77 L.Ed.2d 637 (1983).	1	3
Farmer v. Brennangreen scotus · 1994 · cited in 2 Mississippi opinions naming this issue, 2008–2019 2 sentences 2019Ct. App. 2008) (citing Farmer v. Brennan, 511 U.S. 825, 835 (1994)). 2019Ct. App. 2008) (citing Farmer v. Brennan, 511 U.S. 825, 835 (1994)).	1	2
Harmelin v. Michigangreen scotus · 1991 · cited in 1 Mississippi opinions naming this issue, 2022–2022 2 sentences 2022See Harmelin, 501 U.S. 957 ; Nash, 293 So. 3d at 269 (¶13). 2022See Harmelin, 501 U.S. 957 ; Nash, 293 So. 3d at 269 (¶13).	1	1
Clay v. Eppsgreen missctapp · 2008 · cited in 1 Mississippi opinions naming this issue, 2019–2019 2 sentences 2019Ross’s complaints relate to failure to protect, inadequate medical care, and prison conditions. “[I]n order to succeed on an Eighth Amendment claim for failure to protect, a plaintiff must show that the [prison official] acted with deliberate indifference to the inmate’s health or safety, and mere 4 negligence on the part of the official is insufficient.” Clay v. Epps, 19 So. 3d 743, 746 (¶11) (Miss. 2019Ross’s complaints relate to failure to protect, inadequate medical care, and prison conditions. “[I]n order to succeed on an Eighth Amendment claim for failure to protect, a plaintiff must show that the [prison official] acted with deliberate indifference to the inmate’s health or safety, and mere 4 negligence on the part of the official is insufficient.” Clay v. Epps, 19 So. 3d 743, 746 (¶11) (Miss.	1	1
Cummings v. Stategreen missctapp · 2010 · cited in 1 Mississippi opinions naming this issue, 2011–2011 2 sentences 2011See Cummings, 29 So.3d at 861 (¶ 6). 2011See Cummings, 29 So.3d at 861 (¶ 6).	1	1
Pittman v. Stategreen missctapp · 2004 · cited in 1 Mississippi opinions naming this issue, 2005–2005	1	1
Sochor v. Floridagreen scotus · 1992 · cited in 1 Mississippi opinions naming this issue, 1996–1996	1	1
Walton v. Arizonared scotus · 1990 · cited in 1 Mississippi opinions naming this issue, 1996–1996	1	1
Tucker v. Hinds Countygreen miss · 1990 · cited in 1 Mississippi opinions naming this issue, 1994–1994	1	1
Bowers v. Hardwickred scotus · 1986 · cited in 1 Mississippi opinions naming this issue, 1994–1994	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 (24)

Case	Cited	Years
Payne v. Tennessee green scotus · 1991 2 sentences 1999In Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991), the United States Supreme Court held that the Eighth Amendment does not bar victim impact evidence and prosecutorial argument during the penalty phase of a capital trial. 1999In Payne v. Tennessee, 501 U.S. 808 , 111 S.Ct. 2597 , 115 L.Ed.2d 720 (1991), the United States Supreme Court held that the Eighth Amendment does not bar victim impact evidence and prosecutorial argument during the penalty phase of a capital trial.	10	1992–1999
Ramona Convent of the Holy Names v. City of Alhambra green scotus · 1994 2 sentences 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss. 1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	6	1994–1998
Herrick v. United States green scotus · 1994 2 sentences 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss. 1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	4	1997–1998
Terrell v. Department of Transportation green scotus · 1994 2 sentences 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss. 1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen, 592 So.2d at 146-47 . 1998Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen, 592 So.2d at 146-47 .	4	1997–1998
Legal Economic Evaluations, Inc. v. Metropolitan Life Insurance green scotus · 1995 2 sentences 2003Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari). 2001Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari).	3	1998–2003
Morrow v. United States green scotus · 1995 2 sentences 2003Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari). 2001Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari).	3	1998–2003
Lackey v. Texas green scotus · 1995 2 sentences 2003Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari). 2001Lackey v. Texas, 514 U.S. 1045 , 115 S.Ct. 1421 , 131 L.Ed.2d 304 (1995) (memorandum of Stevens, J., respecting the denial of certiorari).	3	1998–2003
Glossip v. Gross green scotus · 2015 2 sentences 2018Glossip , 135 S.Ct. at 2726 . 2018Glossip , 135 S.Ct. at 2726 .	2	2018–2018
Rogers v. State green miss · 1992 2 sentences 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona	2	2003–2005
Edwards v. State green miss · 1993 2 sentences 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona	2	2003–2005
Hart v. State green miss · 1994 2 sentences 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona	2	2003–2005
Braxton v. State green miss · 2000 2 sentences 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona	2	2003–2005
Bracy v. State green miss · 1981 2 sentences 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona 2005As recently noted by Mississippi Court of Appeals, Pittman v. State 2004 WL 2439694, 6 (Miss.Ct.App.2004), discussing an Eighth Amendment claim some examples of sentences upheld by Mississippi courts include: Braxton v. State, 797 So.2d 826 (Miss.2000) (holding that thirty years was the maximum sentence within the statutory guidelines for unlawful sale of cocaine and, thus, was not excessive or cruel and unusual punishment); Edwards v. State, 615 So.2d 590 (Miss.1993) (holding that sentence of twenty-five years for possession of cocaine with intent to distribute was not grossly disproportiona	2	2003–2005
cluster 566783 green ca11 · 1991 2 sentences 2003Harris, 941 F.2d at 1505 (citing Rogers v. Evans, 792 F.2d 1052, 1058 (11th Cir. 1986)). ¶ 31. 2003Harris, 941 F.2d at 1505 (citing Rogers v. Evans, 792 F.2d 1052, 1058 (11th Cir. 1986)). ¶ 31.	2	2002–2003
Estelle v. Gamble green scotus · 1976 2 sentences 2003In order for an inmate to prevail on an Eighth Amendment claim, he must prove that prison officials exercised "deliberate indifference to a serious medical condition." Id. at 104 , 1196 97 S.Ct. at 290-91 . 2003In order for an inmate to prevail on an Eighth Amendment claim, he must prove that prison officials exercised "deliberate indifference to a serious medical condition." Id. at 104 , 1196 97 S.Ct. at 290-91 .	2	2002–2003
Ghent v. Singletary green scotus · 1992 2 sentences 1997Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen v. State, 592 So.2d 114,146-47 (Miss.1991), cert. denied, 504 U.S. 921 , 112 S.Ct. 1970 , 118 L.Ed.2d 570 (1992). 1997Conner v. State, 632 So.2d 1239, 1276-77 (Miss. 1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen v. State, 592 So.2d 114, 146-47 (Miss. 1991), cert. denied, 504 U.S. 921 , 112 S.Ct. 1970 , 118 L.Ed.2d 570 (1992).	2	1997–1997
Sanchez v. Mann green scotus · 1992 2 sentences 1997Conner v. State, 632 So.2d 1239, 1276-77 (Miss.1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss.1992); Hansen v. State, 592 So.2d 114,146-47 (Miss.1991), cert. denied, 504 U.S. 921 , 112 S.Ct. 1970 , 118 L.Ed.2d 570 (1992). 1997Conner v. State, 632 So.2d 1239, 1276-77 (Miss. 1993), cert. denied, 513 U.S. 927 , 115 S.Ct. 314 , 130 L.Ed.2d 276 (1994); Jenkins v. State, 607 So.2d 1171, 1183 (Miss. 1992); Hansen v. State, 592 So.2d 114, 146-47 (Miss. 1991), cert. denied, 504 U.S. 921 , 112 S.Ct. 1970 , 118 L.Ed.2d 570 (1992).	2	1997–1997
Spicer v. State green miss · 2007 2 sentences 2016Id. 2016Id.	1	2016–2016
cluster 13610 green ·	1	2011–2011
cluster 10333 green ·	1	2011–2011
Seely v. State green miss · 1984	1	1990–1990
Rummel v. Estelle green scotus · 1980	1	1990–1990
Cabana v. Bullock green scotus · 1986	1	1986–1986
Enmund v. Florida green scotus · 1982	1	1986–1986

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (13) MS § Miss. Code Ann. § 97-3-19 (11) MS § Miss. Code Ann. § 99-39-21 (9) MS § Miss. Code Ann. § 99-19-105 (8) USC § 42u.s.c.1983 (6) MS § Miss. Code Ann. § 13-5-1 (5) MS § Miss. Code Ann. § 97-3-7 (5) MS § Miss. Code Ann. § 99-19-81 (5) MS § Miss. Code Ann. § 99-39-9 (5) MS § Miss. Code Ann. § 41-29-181 (4) MS § Miss. Code Ann. § 99-39-27 (4) MS § Miss. Code Ann. § 97-17-41 (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

CA 305 (1983–2026) TX 222 (1988–2026) IL 124 (1981–2026) FL 85 (1981–2026) PA 80 (1985–2026) VA 62 (1983–2026) OH 48 (1999–2025) KS 43 (2001–2026) MS 42 (1986–2025) WA 37 (1983–2023) OR 35 (1992–2025) AZ 33 (1978–2024) TN 30 (1994–2022) MA 30 (1976–2026) CO 29 (1990–2026) MI 28 (1984–2025) IA 28 (1999–2022) ID 27 (1983–2024) SD 24 (1980–2024) AL 24 (1984–2026) NY 23 (1974–2026) OK 22 (1987–2020) MO 21 (1993–2023) IN 20 (1979–2024) NC 20 (1991–2025) NJ 20 (1983–2022) GA 18 (1992–2026) KY 17 (2003–2024) MD 17 (1972–2026) CT 17 (1995–2022) WI 14 (1994–2026) AR 14 (1996–2026) LA 13 (1987–2025) DE 13 (1988–2022) DC 13 (1975–2019) UT 13 (1995–2025) SC 12 (1991–2025) WY 12 (1986–2023) NE 11 (1999–2024) NM 9 (1991–2019) MN 8 (1976–2024) MT 8 (1996–2022) WV 7 (1994–2023) VT 6 (1998–2018) NV 6 (1979–2020) ND 6 (1992–2022) ME 5 (1987–2015) AK 4 (2010–2022) VI 3 (2003–2012) NH 3 (1980–2013) RI 3 (2004–2020)

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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