opportunity to rebut presumption (Tennessee) · Go Syfert
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opportunity to rebut presumption in Tennessee

5 Tennessee opinions name it 2 courts 2006–2017 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 (1)

CaseFollowedCited
Cyrus Deville Wilson v. State of Tennesseegreen
tenn · 2012 · cited in 2 Tennessee opinions naming this issue, 2013–2016
2 sentences

2016See Wilson, 367 S.W.3d at 234 .

2013Id.

12

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. David Willard Phipps, Jr. green
tenn · 1997
1 sentence

2017Id. at 547 .

12017–2017
State v. White green
tenncrimapp · 1982
1 sentence

2010As in Walsh , where the defendant failed to raise the issue of improper influence on the jury during his direct appeals, the State in this case “has denied the petitioner an opportunity to rebut the presumption that this issue has been waived.” Id. at 645 (citing Tenn.Code Ann. § 40 — 30—110(f) (2003) (providing that “[tjhere is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived”)).

12010–2010
Walsh v. State green
tenn · 2005
1 sentence

2006Id. (citing T.C.A. § 40- 30-110(f)(2003)).

12006–2006

Where else courts name it

PA 39 (1920–2026) NY 17 (1976–2019) IL 13 (1991–2024) OH 10 (1995–2025) TX 7 (1977–2007) CO 7 (1996–2025) FL 7 (1982–1999) CA 6 (1984–2024) OR 6 (2023–2024) TN 5 (2006–2017) MI 4 (1998–2023) WA 4 (1993–2017) NH 4 (1993–2025) NJ 4 (1987–2016) MD 3 (1967–2022) MN 3 (1992–2017) MS 3 (2005–2015) AL 3 (1984–2016) CT 3 (1984–1995) AK 2 (2012–2025) HI 2 (1980–1984) MO 2 (1972–2010) ND 2 (2019–2019) OK 2 (2008–2008) IN 2 (1973–2003) ID 2 (1986–2022) AZ 2 (1974–2021)

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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