missing instruction (Tennessee) · Go Syfert
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missing instruction in Tennessee

5 Tennessee opinions name it 2 courts 2009–2020 0 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 (3)

CaseFollowedCited
STATE of Tennessee v. Courtney KNOWLESgreen
tenn · 2015 · cited in 3 Tennessee opinions naming this issue, 2016–2020
2 sentences

2020However, this deficiency was cured by the prosecutor’s closing argument and provided an “effective substitute for the missing instruction.” State v. Knowles, 470 S.W.3d 416, 427 (Tenn. 2015).

2019See State v. Adams, 24 S.W.3d 289, 294 (Tenn. 2000); see also Shelton, 851 S.W.2d at 138 . 12 Our supreme court has concluded that a trial court’s “failure to instruct the jury properly about the State’s election of offenses may be cured by a prosecutor’s closing argument if it provides an effective substitute for the missing instruction.” State v. Knowles, 470 S.W.3d 416, 427 (Tenn. 2015).

33
State v. Sheltongreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019See State v. Adams, 24 S.W.3d 289, 294 (Tenn. 2000); see also Shelton, 851 S.W.2d at 138 . 12 Our supreme court has concluded that a trial court’s “failure to instruct the jury properly about the State’s election of offenses may be cured by a prosecutor’s closing argument if it provides an effective substitute for the missing instruction.” State v. Knowles, 470 S.W.3d 416, 427 (Tenn. 2015).

11
State v. Adamsgreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019See State v. Adams, 24 S.W.3d 289, 294 (Tenn. 2000); see also Shelton, 851 S.W.2d at 138 . 12 Our supreme court has concluded that a trial court’s “failure to instruct the jury properly about the State’s election of offenses may be cured by a prosecutor’s closing argument if it provides an effective substitute for the missing instruction.” State v. Knowles, 470 S.W.3d 416, 427 (Tenn. 2015).

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 (3)

CaseCitedYears
State v. Yancey green
tenn · 2002
1 sentence

2011The court then concluded that if the trial court were allowed to “fill in the gaps” by considering the missing factors, this “would extend de novo review over the district attorney general’s decision and would allow the trial court to substitute its view over the pretrial diversion decision-making process.” Id.

12011–2011
Carney v. Coca-Cola Bottling Works of Tullahoma green
tennctapp · 1993
1 sentence

2009Where the evidence is close, the missing instruction may have been the “single factor that turned the tide.” Id.

12009–2009
Hensley v. CSX Transportation, Inc. green
tennctapp · 2008
1 sentence

2009The parties have appropriately reminded us of a point of law we noted in Hensley I; i e., “State procedural rules give way to federal law if ‘application of [state] rules would interfere with a party’s substantive federal rights or defenses.’ ” Hensley I, 278 S.W.3d at 286 (quoting Pomeroy v. Illinois Cent.

12009–2009

Where else courts name it

CA 20 (1975–2026) TX 16 (1999–2019) NM 13 (2004–2025) NH 7 (1988–1997) MA 7 (1980–2024) TN 5 (2009–2020) KY 5 (2013–2025) KS 4 (2016–2024) NJ 4 (1987–2022) IL 4 (1988–2026) WA 3 (1994–1995) PA 3 (1998–2024) IN 3 (1980–2009) FL 3 (1982–2011) NY 3 (1950–1985) MS 2 (2001–2003) WI 2 (2012–2013) IA 2 (2017–2017) SD 2 (2014–2014)

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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