Mississippi Supreme Court· 3/31/1994
Lanier v. State
Citations
- 635 So. 2d 813
- 1994 WL 107975
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that such an agreement was void against public policy, given that the sentencing statute did not provide for the sentence of life in prison without parole
- explaining that, because the agreement is void ab initio, “both parties are placed back in the positions which they occupied prior to entering into the agreement”
- noting that a sentence beyond the statutory prescription is unenforceable as it violates public policy; this is so even where the unauthorized sentence arises out of a contract between defendant and State
- noting that a sentence beyond the statutory prescription is unenforceable as it violates public policy; this is so even where the unauthorized sentence arises out of a contract between defendant and State
- explaining that, because the agreement is void ab initio, “both parties 21 Case: 10-70030 Document: 00512675945 Page: 22 Date Filed: 06/25/2014 No. 10-70030 are placed back in the positions which they occupied prior to entering into the agreement”
- reaching an identical conclusion and holding that sentence of life imprisonment without possibility of parole was contrary to public policy because it was not authorized by statute
Source: CourtListener parenthetical corpus (CC0).
Judges: En Banc
Read full opinion on CourtListenerCited by
65 cases in this archive cite this case; the 20 most cited are listed.
- Holly v. StateMississippi Supreme Court· 1996-02-08· cited 206×
- West v. StateMississippi Supreme Court· 1998-06-25· cited 182×
- Jordan v. StateMississippi Supreme Court· 2001-04-26· cited 160×
- Stewart v. StateMississippi Supreme Court· 1995-09-28· cited 145×
- Austin v. StateMississippi Supreme Court· 2001-05-03· cited 110×
- Rotenberry v. HookerMississippi Supreme Court· 2003-11-06· cited 82×
- Sewell v. StateMississippi Supreme Court· 1998-10-15· cited 76×
- State v. HincheyArizona Supreme Court· 1995-03-02· cited 69×
- Fuselier v. StateMississippi Supreme Court· 1995-04-20· cited 64×
- Barnett v. StateMississippi Supreme Court· 1998-06-11· cited 43×
- Estate of Davis v. O'NEILLMississippi Supreme Court· 2010-08-19· cited 34×
- Stevenson v. StateMississippi Supreme Court· 1998-12-31· cited 27×
- Stevenson v. StateMississippi Supreme Court· 1996-05-16· cited 27×
- Hunt v. CokerCourt of Appeals of Mississippi· 1999-06-22· cited 26×
- Twillie v. StateMississippi Supreme Court· 2004-10-21· cited 26×
- Brim v. South Dakota Board of Pardons & ParolesSouth Dakota Supreme Court· 1997-04-30· cited 25×
- Kincaid v. StateMississippi Supreme Court· 1998-04-30· cited 25×
- Eugene Barriffe v. Lawson v. NelsonMississippi Supreme Court· 2014-10-02· cited 21×
- Tavares v. StateMississippi Supreme Court· 1998-06-11· cited 19×
- Willie v. StateMississippi Supreme Court· 1999-04-29· cited 19×
Cites
47 cases in this archive are cited by this case; the 20 most cited are listed.
- Johnson v. ZerbstSupreme Court· 1938-05-31· cited 10,545×
- North Carolina v. PearceSupreme Court· 1969-06-23· cited 7,763×
- West Virginia State Board of Education v. BarnetteSupreme Court· 1943-06-14· cited 2,477×
- Bullington v. MissouriSupreme Court· 1981-05-04· cited 875×
- United States v. RichardsonSupreme Court· 1974-06-25· cited 847×
- United States v. ButlerSupreme Court· 1936-01-06· cited 823×
- Arizona v. RumseySupreme Court· 1984-05-29· cited 589×
- Jones v. ThomasSupreme Court· 1989-08-11· cited 434×
- Poland v. ArizonaSupreme Court· 1986-05-05· cited 338×
- Lanier v. StateMississippi Supreme Court· 1988-11-02· cited 330×
- Jefferson v. StateMississippi Supreme Court· 1989-11-22· cited 174×
- In Re SawyerSupreme Court· 1959-06-29· cited 163×
- Boardman v. United Services Auto. Ass'nMississippi Supreme Court· 1985-05-22· cited 146×
- Anderson v. StateMississippi Supreme Court· 1991-04-03· cited 139×
- In Re BradleySupreme Court· 1943-02-01· cited 134×
- Reynolds v. StateMississippi Supreme Court· 1991-09-04· cited 133×
- Sanders v. StateMississippi Supreme Court· 1983-09-21· cited 115×
- Trotter v. StateMississippi Supreme Court· 1989-11-29· cited 110×
- Reed v. StateMississippi Supreme Court· 1988-12-14· cited 104×
- McFadden v. StateMississippi Supreme Court· 1989-02-01· cited 78×
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