How do I find the full opinion?

Search official state reporters, the Mississippi judiciary website, or commercial databases. Confirm you have the published reporter citation and docket number, and save a PDF copy with source metadata for recordkeeping.

What citation elements are required?

Include full case caption, reporter citation, court name, year, and a pinpoint page or paragraph for quoted language. Follow the target court's citation rules for formatting and parallel citations.

How can I confirm the case is still good law?

Use citators or commercial tools to check subsequent treatment and negative history. Note any overruling, distinguishing opinions, or legislative changes that affect the holding before relying on it.

Is an electronic signature acceptable for related affidavits?

Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but exceptions apply; confirm court local rules and any notarization or witnessing requirements before e-signing affidavits.

How long should I retain files with the opinion?

Retain the case file for the active litigation period and at least three years after closure; preserve records longer for tax, property, or HIPAA-related matters according to relevant statutes and regulations.

What if the opposing party contests my use of the opinion?

Be prepared to explain the factual similarities and legal fit, address distinguishing facts, and cite any supporting secondary authority; ensure you disclose any adverse subsequent history in your briefing.

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Simmons v. State 1990 Supreme Court of Mississippi

Simmons v. State 1990 Supreme Court of Mississippi

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Jury Instruction Form

IN THE CIRCUIT COURT OF

COUNTY, MISSISSIPPI

PLAINTIFF

VS.

CAUSE NO.

DEFENDANT

INSTRUCTION NO.

The Court has previously instructed you that if you determine that a contract existed between the Plaintiff and Defendants and that if you further determine by a preponderance of the evidence that Defendants failed or refused to perform their promises and obligations under their oral contract with Plaintiff, then Defendants breached the contract, and you must return a verdict for Plaintiff.

If you further find by a preponderance of the evidence that the Defendants' breach was gross and willful or the breach was attended by intentional wrong, insult, abuse or such gross negligence as amounts to an independent tort, then Plaintiff is entitled to punitive damages over and above an award of actual damages.

The primary purpose in imposing punitive damages is to punish one engaged in grossly negligent conduct and to serve as a warning to such person and others to refrain from engaging in similar conduct in the future. The amount of any punitive award is in the sole discretion of the trier of fact. In punitive damage cases, attorneys' fees can be awarded as a part of the punitive damages.

AUTHORITY FOR INSTRUCTION P-9

Grisham v. Hinton, 490 So.2d 1201 (Miss. 1986)

What Simmons v. State 1990 Supreme Court of Mississippi is and why it matters

Simmons v. State 1990 Supreme Court of Mississippi is a reported opinion issued by the Supreme Court of Mississippi in 1990. This page summarizes the opinion's role as a state-court precedent, explains how practitioners and researchers use the citation, and outlines procedural and recordkeeping implications when relying on the decision in pleadings, memoranda, and appellate briefing.

Why practitioners review Simmons v. State 1990 Supreme Court of Mississippi

The opinion can clarify state-law questions and procedural standards in Mississippi cases. Understanding its holdings and limits helps lawyers evaluate claims, draft persuasive briefs, and ensure appellate arguments align with controlling precedent and procedural rules.

Who commonly consults this decision

The decision is referenced by a range of legal professionals and students for precedent, citation, and procedural guidance.

Appellate attorneys researching state-law precedent for briefs and motions.
Trial counsel preparing pleadings or preserving issues for appeal.
Law students and academic researchers summarizing Mississippi case law.

Use the decision as precedent where controlling, and confirm subsequent history before relying on it in court filings.

Primary users who apply Simmons v. State 1990 Supreme Court of Mississippi

Appellate Counsel

Appellate attorneys use the opinion to identify controlling holdings, articulate standard-of-review arguments, and craft preservation strategies for issues on appeal. They assess whether the opinion supports or distinguishes points raised in briefs and motions.

Legal Researchers

Researchers, paralegals, and law clerks locate the opinion for citation text, subsequent history, and parallel citations. They check Shepardizing/KeyCiting to confirm the decision remains good law before it is cited in filings.

Key case elements to capture when saving or citing the opinion

Case citation: Reporter volume, page, and year

Court name: Supreme Court of Mississippi

Decision date: Full date of opinion issuance

Docket number: Court docket or case number

Opinion type: Majority, concurring, or dissenting

Precedential note: Binding, persuasive, or limited value

Risks of misusing the case in filings

Mis-citation: Incorrect reporter or year

Overreliance: Treating dicta as controlling

Stale law: Citing a later-overruled holding

Procedural default: Failing to preserve issues properly

Confidentiality breach: Improperly releasing sealed record excerpts

Noncompliance: Missing local court citation formats

Common mistakes when relying on Simmons v. State 1990 Supreme Court of Mississippi

Citing the opinion without checking for later appellate or legislative changes that affect the holding.
Quoting dicta as if it imposed a mandatory rule rather than persuasive reasoning.
Failing to state the procedural posture and standard of review when applying the decision.
Using incomplete citation elements, which can lead to misidentification by the court or opposing counsel.

Step-by-step: locate and prepare to cite the opinion

Follow a concise process to locate the full opinion, confirm its current status, and prepare a compliant citation for court filings.

01

Locate: Search official reporters, court websites, or legal databases for full text.
02

Confirm status: Check subsequent history or negative treatment before relying on the holding.
03

Format citation: Use the jurisdiction's citation rules and include parallel citations when required.
04

Integrate: Apply holding to facts and explain why it controls or is distinguishable.

How to use the opinion in pleadings and appellate briefs

A practical routing of how the decision moves from research to courtroom use and record preservation.

Research: Retrieve the opinion and note controlling language relevant to your issues.
Drafting: Cite the decision and explain the connection to your legal argument.
Filing: Include citation in briefs and ensure the record supports reliance on the case.
Preserve: Make trial record entries to protect issues for appeal where needed.

Anatomy of the opinion: the parts to read and annotate

When reviewing Simmons v. State 1990 Supreme Court of Mississippi, focus on discrete sections that determine how the opinion will apply to other matters.

Procedural History

Describes prior rulings, lower-court posture, and how the case reached the supreme court; essential for understanding scope and limitations of the holding.

Statement of Facts

Summarizes the factual context the court used to apply legal standards; compare these facts closely to your matter to assess fit.

Issue Presented

Frames the legal question the court resolved; precisely matching or distinguishing the issue is key to persuasive reliance.

Holding

The court's formal rule or conclusion on the issue; this is the binding core for lower courts in the same jurisdiction.

Reasoning

Legal analysis and precedents the court used to reach the holding; reasoning supports persuasive distinctions and analogies.

Disposition

Final outcome (affirmed, reversed, remanded) and any remedial instructions that affect case management and further proceedings.

Practical tips for relying on the opinion responsibly

Adopt consistent habits to avoid citation errors and to ensure the case is applied appropriately in pleadings.

Check subsequent history

Verify the case remains good law with citators or court resources before citing it in briefs or motions; note any negative treatment.

Pinpoint cites

Provide page or paragraph pinpoint citations to the exact language relied upon so judges and clerks can locate the authority easily.

Explain applicability

Show how the facts and procedural posture align with your case and why the court's reasoning supports your legal position.

Comply with local rules

Format citations and briefing references to match Mississippi or target court citation rules and filing conventions.

Timing considerations when the opinion affects appellate strategy

Be mindful of filing and preservation timing when a state-court decision forms part of your appellate theory or preservation plan.

Appeal preservation:

Preserve issues at trial promptly; failure to object can forfeit appellate review in many jurisdictions.

Motion timing:

File motions within local procedural windows; consult state appellate rules for exact deadlines.

Rehearing petitions:

Check procedural rules for rehearing or reconsideration timeframes after an adverse decision.

Record assembly:

Prepare the appellate record early to capture necessary transcripts and exhibits.

Citation updates:

Monitor for superseding authority before finalizing appellate briefs and oral argument materials.

How Simmons v. State compares with other appellate authorities

A brief comparison of a published supreme-court opinion versus common appellate authority types used in briefing or memoranda.

Criteria	Simmons v. State	Appellate Memorandum
Authority	binding in ms	persuasive or internal
Binding	yes (within ms)
Accessibility	published reporter	private to parties
Update frequency	static; history checked	dynamic during litigation

eSignature vendor comparison for handling court exhibits and filings (signNow first)

When preparing exhibits or signed affidavits related to Simmons v. State filings, document e-signature providers differ on price, features, and compliance; signNow appears first for reference.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
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Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about using Simmons v. State 1990 Supreme Court of Mississippi

Answers to common practical questions on locating, citing, and relying on the opinion, plus notes on electronic evidence and retention.

Need help? Contact support

How do I find the full opinion?
Search official state reporters, the Mississippi judiciary website, or commercial databases. Confirm you have the published reporter citation and docket number, and save a PDF copy with source metadata for recordkeeping.
What citation elements are required?
Include full case caption, reporter citation, court name, year, and a pinpoint page or paragraph for quoted language. Follow the target court's citation rules for formatting and parallel citations.
How can I confirm the case is still good law?
Use citators or commercial tools to check subsequent treatment and negative history. Note any overruling, distinguishing opinions, or legislative changes that affect the holding before relying on it.
Is an electronic signature acceptable for related affidavits?
Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, but exceptions apply; confirm court local rules and any notarization or witnessing requirements before e-signing affidavits.
How long should I retain files with the opinion?
Retain the case file for the active litigation period and at least three years after closure; preserve records longer for tax, property, or HIPAA-related matters according to relevant statutes and regulations.
What if the opposing party contests my use of the opinion?
Be prepared to explain the factual similarities and legal fit, address distinguishing facts, and cite any supporting secondary authority; ensure you disclose any adverse subsequent history in your briefing.

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