State v. Neeley, 678 S.W.2d 48 (Tenn. 1984). · Go Syfert
State v. Neeley, 678 S.W.2d 48 (Tenn. 1984). Cases Citing This Book View Copy Cite
55 citation events (31 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) State of Tennessee v. Keith Harding Miller
Tenn. Crim. App. · 2024 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Benjamin N. Widrick
Tenn. Crim. App. · 2021 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial -6- judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Meredith Muse Thompson
Tenn. Crim. App. · 2021 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Michael Broyles
Tenn. Crim. App. · 2021 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Brandon Luke Baron
Tenn. Crim. App. · 2020 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Christopher Joel Hartwell
Tenn. Crim. App. · 2018 · confidence medium
“The truthfulness of a defendant, or -13- lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Paul Avery Reno
Tenn. Crim. App. · 2017 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Jason Erik Redden
Tenn. Crim. App. · 2017 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. James Walter Morgan
Tenn. Crim. App. · 2016 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984) On review of a decision to grant or deny judicial diversion, this court will apply a presumption of reasonableness if the record reflects that the trial court considered the Parker and Electroplating factors, specifically identified the relevant factors, and placed on the record the reasons for granting or denying judicial diversion, provided any substantial evidence exists to support the co…
discussed Cited as authority (rule) State of Tennessee v. Jeffrey Lee Sowers
Tenn. Crim. App. · 2016 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984). -6- On review of a decision to grant or deny judicial diversion, this court will apply a presumption of reasonableness if the record reflects that the trial court considered the Parker and Electroplating factors, specifically identified the relevant factors, and placed on the record the reasons for granting or denying judicial diversion, provided any substantial evidence exists to support t…
discussed Cited as authority (rule) State of Tennessee v. Terry Butler
Tenn. Crim. App. · 2016 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984) On review of a decision to grant or deny judicial diversion, this court will apply a presumption of reasonableness if the record reflects that the trial court considered the Parker and Electroplating factors, specifically identified the relevant factors, and placed on the record the reasons for granting or denying judicial diversion, provided any substantial evidence exists to support the co…
discussed Cited as authority (rule) State of Tennessee v. Micah England
Tenn. Crim. App. · 2016 · confidence medium
“The truthfulness of a defendant, or -7- lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
discussed Cited as authority (rule) State of Tennessee v. Alison Briars
Tenn. Crim. App. · 2015 · confidence medium
“The truthfulness of a defendant, or lack thereof, is a permissible -4- factor for a trial judge to consider in ruling on a petition for suspended sentence.” State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984) On review of a decision to grant or deny judicial diversion, this court will apply a presumption of reasonableness if the record reflects that the trial court considered the Parker and Electroplating factors, specifically identified the relevant factors, and placed on the record the reasons for granting or denying judicial diversion, provided any substantial evidence exists to support th…
discussed Cited as authority (rule) State of Tennessee v. Rudy Vincent Dunn
Tenn. Crim. App. · 2014 · confidence medium
App. 1999)); see also United States v. Grayson, 438 U.S. 41, 50 (1978) (stating that lack of truthfulness is probative on the issue of amenability to rehabilitation, which is the impetus behind probation); State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984) (noting that a defendant’s untruthfulness is a factor that may be properly considered in determining the appropriateness of probation).
cited Cited as authority (rule) State of Tennessee v. Doris Miller
Tenn. Crim. App. · 2012 · confidence medium
State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); see also State v. Gennoe, 851 S.W.2d 833, 837 (Tenn. Crim.
discussed Cited as authority (rule) State of Tennessee v. Carolyn J. Nobles
Tenn. Crim. App. · 2007 · confidence medium
App., at Jackson, June 28, 1995), perm. app. denied (Tenn. Nov. 6, 1995) (citing State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983)); see also State v. Raymond K.
discussed Cited as authority (rule) State of Tennessee v. Candice Workman
Tenn. Crim. App. · 2005 · confidence medium
See United States v. Grayson, 438 U.S. 41, 50 , 98 S. Ct. 2610, 2616 (1978) (“A defendant’s truthfulness or mendacity while testifying on his own behalf, almost without exception, has been deemed probative of his attitudes toward society and prospects for rehabilitation -4- and hence relevant to sentencing.”); State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984) (stating that the truthfulness of a defendant, or lack thereof, is a factor to consider when ruling on a petition for suspended sentence); State v. Dowdy, 894 S.W.2d 301, 306 (Tenn. Crim.
discussed Cited as authority (rule) State of Tennessee v. Loretta A. Wright
Tenn. Crim. App. · 2005 · confidence medium
App., at Jackson, June 28, 1995), perm. app. denied (Tenn. Nov. 6, 1995) (citing State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983)); see also State v. Raymond K.
discussed Cited as authority (rule) State of Tennessee v. Robbie Chet Walley
Tenn. Crim. App. · 2004 · confidence medium
App. June 28, 1995), perm. to appeal denied (Tenn. Nov. 6, 1995), this court noted that “[i]n accordance with this general principle, Tennessee courts have repeatedly held that untruthfulness is a factor which may be considered in determining the appropriateness of probation.” (citing State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983)).
discussed Cited as authority (rule) State of Tennessee v. Raymond K. McCrary
Tenn. Crim. App. · 2004 · confidence medium
App. June 28, 1995), perm. to appeal denied (Tenn. Nov. 6, 1995), we noted that “[i]n accordance with this general principle, Tennessee courts have repeatedly held that untruthfulness is a factor which may be considered in determining the appropriateness of probation.” (citing State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983)).
discussed Cited as authority (rule) State of Tennessee v. Jimmy Gene Blankenship
Tenn. Crim. App. · 2003 · confidence medium
App. 1996); State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984). -17- The trial court applied enhancement factor two,1 that “[t]he defendant has a previous history of criminal convictions or criminal behavior in addition to those necessary to establish the appropriate range.” Tenn. Code Ann. § 40-35-114 (2) Supp. 2002.
cited Cited as authority (rule) State of Tennessee v. Charles Eugene Jones
Tenn. Crim. App. · 2003 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn.1984).
cited Cited as authority (rule) State of Tennessee v. Sherry L. Williams
Tenn. Crim. App. · 2003 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984).
cited Cited as authority (rule) State of Tennessee v. Anthony Tony Sandy
Tenn. Crim. App. · 2003 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984).
cited Cited as authority (rule) State of Tennessee v. Richard Vanover
Tenn. Crim. App. · 2002 · confidence medium
State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); see also State v. Gennoe, 851 S.W.2d 833, 834 (Tenn. Crim.
cited Cited as authority (rule) State of Tennessee v. David Wayne Osborne
Tenn. Crim. App. · 2001 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Nunley, 22 S.W.3d 282, 289 (Tenn. Crim.
cited Cited as authority (rule) State v. Orlando Ward
Tenn. Crim. App. · 2000 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Byrd, 861 S.W.2d 377, 380 (Tenn. Crim.
cited Cited as authority (rule) State v. Gene Logue
Tenn. Crim. App. · 2000 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Byrd, 861 S.W.2d 377, 380 (Tenn. Crim.
cited Cited as authority (rule) State v. Allen R. Jordan
Tenn. Crim. App. · 1999 · confidence medium
State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983); State v. Zeolia, 928 S.W.2d 457, 463 (Tenn. Crim.
cited Cited as authority (rule) State v. Calvin Havner
Tenn. Crim. App. · 1999 · confidence medium
State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983); State v. Zeolia, 928 S.W.2d 457, 463 (Tenn. Crim.
cited Cited as authority (rule) State v. Robin Baker
Tenn. Crim. App. · 1998 · confidence medium
United States v. Grayson, 438 U.S. 41, 50 , 98 S.Ct. 2610, 2616 , 57 L.Ed.2d 582, 590 (1978); State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984).
cited Cited as authority (rule) State v. Kenneth Johnson
Tenn. Crim. App. · 1998 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Byrd, 861 S.W.2d 377, 380 (Tenn. Crim.
cited Cited as authority (rule) State v. John P. Pelfrey
Tenn. Crim. App. · 1997 · confidence medium
State v. Neely, 678 S.W.2d 48, 49 (Tenn.1984).
discussed Cited as authority (rule) State v. Williamson
Tenn. Crim. App. · 1995 · confidence medium
United States v. Grayson, 438 U.S. 41, 50-52 , 98 S.Ct. 2610, 2616 , 57 L.Ed.2d 582 (1978); State v. Neeley, 678 S.W.2d 48, 49 (Tenn.1984); State v. Dykes, 803 S.W.2d 250, 259-60 (Tenn.Crim.App.), per. app. denied (Tenn.1990).
cited Cited as authority (rule) State v. Byrd
Tenn. Crim. App. · 1993 · confidence medium
State v. Neeley, 678 S.W.2d 48, 49 (Tenn.1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn.1983).
cited Cited "see" State of Tennessee v. Derek Paul Whytsell
Tenn. Crim. App. · 2003 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); see also State v. Nunley, 22 S.W.3d 282, 289 (Tenn. Crim.
cited Cited "see" State of Tennessee v. Gregory Pierce
Tenn. Crim. App. · 2003 · signal: see · confidence high
See State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984).
cited Cited "see" State of Tennessee v. Sherrie Mae Crawford
Tenn. Crim. App. · 2002 · signal: see · confidence high
See State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); see also State v. Nunley, 22 S.W.3d 282, 289 (Tenn. Crim.
cited Cited "see" State of Tennessee v. Alda Michelle Paetz
Tenn. Crim. App. · 2002 · signal: see · confidence high
See State v. Neely, 678 S.W.2d 48, 49 (Tenn. 1984); see also State v. Nunley, 22 S.W.3d 282, 289 (Tenn. Crim.
cited Cited "see" State v. Jeremy Jones
Tenn. Crim. App. · 2000 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Jenkins, 733 S.W.2d 528, 535 (Tenn. Crim.
cited Cited "see" State v. Angie Harris
Tenn. Crim. App. · 1998 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48 (Tenn. 1984). . ________________________________________ JOE B.
cited Cited "see" State v. David Johnson
Tenn. Crim. App. · 1997 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984). -5- A defendant’s untruthfulness and lack of remorse are obviously factors to be considered in determining his potential for rehabilitation.
discussed Cited "see" State v. Dykes
Tenn. Crim. App. · 1990 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983); State v. Jenkins, 733 S.W.2d 528, 535 (Tenn.Crim.App. 1987); State v. Smith, 735 S.W.2d 859, 863 (Tenn.Crim.App.1987); State v. Lewis, 641 S.W.2d 517, 520-521 (Tenn.Crim.
cited Cited "see" State v. Biggs
Tenn. Crim. App. · 1988 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn.1984); State v. Grear, 568 S.W.2d 285, 287 (Tenn.1978); State v. Poe, 614 S.W.2d 403 (Tenn.Crim.App.1981).
discussed Cited "see" State v. Smith
Tenn. Crim. App. · 1987 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn.1984); State v. Bunch, 646 S.W.2d 158 (Tenn.1983); State v. Lewis, 641 S.W.2d 517 (Tenn.Crim.App.1982); State v. Morton, 639 S.W.2d 666, 669 (Tenn.Crim.App.1982).
discussed Cited "see" State v. Jenkins (2×)
Tenn. Crim. App. · 1987 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984); State v. Bunch, 646 S.W.2d 158 (Tenn. 1983); State v. Lewis, 641 S.W.2d 517 (Tenn. Crim.
cited Cited "see" State v. Bennett
Tenn. Crim. App. · 1985 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 50 (Tenn.1984).
cited Cited "see" State v. DePriest
Tenn. Crim. App. · 1985 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48, 50 (Tenn.1984).
cited Cited "see" State v. Purkey
Tenn. Crim. App. · 1984 · signal: see · confidence high
See State v. Neeley, 678 S.W.2d 48 (Tenn.1984); State v. Pierson, 678 S.W.2d 905 (Tenn.1984).
cited Cited "see, e.g." State v. Richard Eugene Trivette
Tenn. Crim. App. · 2010 · signal: see also · confidence medium
App. 1994); see also State v. Neeley, 678 S.W.2d 48, 49 (Tenn. 1984).
Retrieving the full opinion text from the archive…
STATE of Tennessee, Appellant,
v.
James P. NEELEY, Appellee
Tennessee Supreme Court.
Oct 9, 1984.
678 S.W.2d 48
Steven A. Hart, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen. & Reporter, Nashville, for appellant., Richard E. Hopson, Kingsport, for appel-lee.
Per Curiam.
Cited by 54 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 85%
Citer courts: Connecticut Appellate Court (1)

OPINION

PER CURIAM.

The issue presented on appeal is whether the Court of Criminal Appeals erred in reversing the trial court’s denial of defendant’s petition for suspension of sentence and probation.

The defendant was indicted for receiving and concealing stolen property having a value of over two hundred dollars. He was permitted to plead guilty to concealing stolen property having a value of less than two hundred dollars, and was sentenced to serve not less than two or more than three years in the penitentiary.

The charge against the defendant arose when a state trooper stopped defendant near Kingsport, Tennessee. Defendant was driving a 1979 Ford F-10 pickup truck, which did not have a YIN number on the door post. On inquiry as to ownership of the truck, the defendant produced a certificate of title to a 1977 Ford F-10 pickup. The trooper then checked the hidden VIN number on the frame of the 1979 Ford F-10 pickup and found that the truck had been reported stolen.

Defendant told the trooper that he had purchased the truck from Carl Light. When this story did not hold up, defendant said he purchased the truck for $1,000.00 from a man he knew only as “Roy,” that “Roy” did not give him any evidence or title or even a receipt for the money paid.

It also was brought out in the hearing on the petition for a suspended sentence that after the defendant had acquired possession of the stolen truck, defendant’s girl friend purchased a wrecked 1977 Ford F-10 pickup and had it registered in defendant’s name. It was the title to this truck that defendant produced when he was stopped by the state trooper.

The trial judge found the testimony of the defendant concerning the manner defendant acquired possession of the stolen truck to be “preposterous” and found “indications of some professionalism in [the manner in which defendant] attempted to obtain a title.” The trial judge also stated that he was “not satisfied that [Mr. Nee-ley] ever told the truth about this.” The result was that the trial judge denied defendant’s petition for probation.

The truthfulness of a defendant, or lack thereof, is a permissible factor for a trial judge to consider in ruling on a petition for suspended sentence. State v. Poe, 614 S.W.2d 403, 404 (Tenn.Crim.App.1981).

The Court of Criminal Appeals, with one judge dissenting, found that “the favorable factors in the record appear to outweigh the negative concerns articulated by the trial judge,” reversed the judgment and remanded the case with instructions that the sentence be suspended and that Mr. Neeley be placed on probation with conditions to be set forth by the trial judge.

This was error. An appellate court is not authorized to weigh evidence or substitute its judgment for that of a trial judge in reviewing an order granting or denying a defendant’s petition for a suspended sentence or probation. See State v. Hollingsworth, 647 S.W.2d 937 (1983); State v. Grear, 568 S.W.2d 285 (Tenn.1978). The decision of a trial judge in ruling on a petition for suspended sentence or probation is binding on the appellate courts, unless the decision is capricious, arbitrary or a palpable abuse of discretion. State v. Hollingsworth, supra. See also State v. Grear, supra, wherein it is pointed out that:

[I]n order for the reviewing appellate court to be warranted in finding an abuse of discretion by the trial court in these cases it must demonstrate that the record contains no substantial evidence to support the conclusion of the trial[*50] court that the defendant is not entitled to probation or suspended sentence, giving due consideration to the criteria set out in the statute and decisions of this Court as appropriate for determining suitability for probation. Id. at 286.

In the case under consideration there is evidence pro and con on the issue of suspension of sentence and probation. The trial judge elected to deny the petition for the suspension of the sentence and probation. His decision is binding on the appellate courts.

Judgment of the Court of Appeals is reversed and that of the trial court is reinstated and affirmed. The case is remanded to the Criminal Court of Sullivan County. Costs are adjudged against the defendant.