absence of a written waiver (Tennessee) · Go Syfert
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absence of a written waiver in Tennessee

5 Tennessee opinions name it 2 courts 2001–2025 2 in the last five years

The cases below were cited by Tennessee 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 (2)

CaseFollowedCited
State v. Goodwingreen
tenncrimapp · 1995 · cited in 2 Tennessee opinions naming this issue, 2021–2025
2 sentences

2025That being said, the rule does not specify a particular form that the written waiver must follow, see, e.g., State v. Battles, No. W1998-00558-CCA-R3- CD, 1999 WL 1525475 , at * 8 n. 5 (Tenn. Crim. App. Dec. 30, 1999) (stating that repeated filing of pro se motions “initiated by the defendant” were “sufficient to satisfy the written waiver requirement”), and this court has held that the absence of a written waiver “does not necessarily preclude a constitutionally valid waiver,” State v. Hatch, No. W2000- 01005-CCA-R3-CD, 2001 WL 1268442 , at *6 (Tenn. Crim. App. Oct. 19, 2001) (first citing St

2021That being said, the rule does not specify a particular form that the written waiver must follow, see, e.g., State v. Gregory Scott Battles, No. W1998-00558- CCA-R3-CD, 1999 WL 1525475 , at * 8 n. 5 (Tenn. Crim. App., Jackson, Dec. 30, 1999) (stating that repeated filing of pro se motions “initiated by the defendant” were “sufficient to satisfy the written waiver requirement”), and this court has held that the absence of a written waiver “does not necessarily preclude a constitutionally valid waiver,” State v. Vincent Hatch, No. W2000-01005-CCA-R3-CD, 2001 WL 1268442 , at *6 (Tenn. Crim. App.,

22
State v. Bobogreen
tenn · 1991 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014State v. Bobo, 814 S.W.2d 353, 359 (Tenn. 1991).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Ellis green
tenncrimapp · 1997
1 sentence

2003Id.

12003–2003
Moore Construction Co. v. Clarksville Department of Electricity green
tennctapp · 1986
1 sentence

2001The rule as to waiver of written change order provisions (in the absence of a written waiver provision contemplated by T.C.A. § 47-50-112(c)) the common law remains as asserted in Galbreath and in Moore Constr. v. Clarksville Dept. of Elec., 707 S.W.2d 1 (Tenn. Ct. App. 1985) wherein this Court held: Including a written change order requirement in a construction contract is not uncommon.

12001–2001

Where else courts name it

NY 10 (1954–2023) LA 10 (2014–2019) OH 8 (1954–2022) PA 7 (1975–2025) CA 7 (1984–2016) FL 5 (1986–2026) TN 5 (2001–2025) TX 4 (1995–2004) CT 4 (2008–2015) MA 4 (1974–2008) OR 4 (2001–2015) GA 4 (1993–2020) DE 2 (1987–2023) VA 2 (1998–2024)

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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