overruled defense (Tennessee) · Go Syfert
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overruled defense in Tennessee

5 Tennessee opinions name it 2 courts 2011–2022 1 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 (9)

CaseFollowedCited
State v. McGheegreen
tenn · 1988 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022The Tennessee Supreme Court has recognized that “‘where the record on a pretrial suppression motion or on a motion in limine clearly present an evidentiary question and where the trial judge has clearly and definitively ruled,’ defense counsel need not offer further objections to the trial court’s ruling.” State v. Walls, 537 S.W.3d 892, 899 (Tenn. 2017) (quoting State v. McGhee, 746 S.W.2d 460, 462 (Tenn. 1988)).

11
State of Tennessee v. Susan Jo Wallsgreen
tenn · 2017 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022The Tennessee Supreme Court has recognized that “‘where the record on a pretrial suppression motion or on a motion in limine clearly present an evidentiary question and where the trial judge has clearly and definitively ruled,’ defense counsel need not offer further objections to the trial court’s ruling.” State v. Walls, 537 S.W.3d 892, 899 (Tenn. 2017) (quoting State v. McGhee, 746 S.W.2d 460, 462 (Tenn. 1988)).

11
State v. Stephensongreen
tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018The Tennessee Supreme Court has noted that “[c]losing argument is a valuable privilege that should not be unduly restricted.” State v. Stephenson, 195 S.W.3d 574, 603 (Tenn. 2006) (citing State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)).

11
State v. Banegreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018The Tennessee Supreme Court has noted that “[c]losing argument is a valuable privilege that should not be unduly restricted.” State v. Stephenson, 195 S.W.3d 574, 603 (Tenn. 2006) (citing State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)).

11
Momon v. Stategreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Defendant waived his right to testify consistent with Momon v. State, 18 S.W.3d 152, 162-63 (Tenn.1999).

11
State v. Thompsongreen
tenncrimapp · 2000 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011We see no merit in that complaint because, as appears from the above statement, defendant having at that time eight peremptory challenges which he could have exercised but did not do so.”); State v. Thompson, 36 S.W.3d 102, 108 (Tenn. Crim.

11
State v. Howellgreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011“It is a long-settled principle that a defendant who disagrees with a trial court’s ruling on for cause challenges must, in order to preserve the claim that the ruling deprived him of a fair trial, exercise peremptory challenges to remove the jurors.” State v. Howell, 868 S.W.2d 238, 248 (Tenn. 1993); see also State v. Reid, 91 S.W.3d 247, 291 (Tenn. 2002) (“It is only where a defendant exhausts all of his peremptory challenges and is thereafter forced to accept an incompetent juror can a complaint about the jury selection process have merit.”); Hale v. State, 281 S.W.2d 51, 56 (Tenn. 1955) (“

11
State v. Reidgreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011“It is a long-settled principle that a defendant who disagrees with a trial court’s ruling on for cause challenges must, in order to preserve the claim that the ruling deprived him of a fair trial, exercise peremptory challenges to remove the jurors.” State v. Howell, 868 S.W.2d 238, 248 (Tenn. 1993); see also State v. Reid, 91 S.W.3d 247, 291 (Tenn. 2002) (“It is only where a defendant exhausts all of his peremptory challenges and is thereafter forced to accept an incompetent juror can a complaint about the jury selection process have merit.”); Hale v. State, 281 S.W.2d 51, 56 (Tenn. 1955) (“

11
Hale v. Stategreen
tenn · 1955 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011“It is a long-settled principle that a defendant who disagrees with a trial court’s ruling on for cause challenges must, in order to preserve the claim that the ruling deprived him of a fair trial, exercise peremptory challenges to remove the jurors.” State v. Howell, 868 S.W.2d 238, 248 (Tenn. 1993); see also State v. Reid, 91 S.W.3d 247, 291 (Tenn. 2002) (“It is only where a defendant exhausts all of his peremptory challenges and is thereafter forced to accept an incompetent juror can a complaint about the jury selection process have merit.”); Hale v. State, 281 S.W.2d 51, 56 (Tenn. 1955) (“

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 (1)

CaseCitedYears
State v. Kendricks green
tenncrimapp · 1996
1 sentence

2015The trial court overruled defense counsel‘s objection to the admission of Mr. McKinley‘s statement and later stated, ―I didn‘t say it previously with regard to the prior witness, this Jarquez fellow, but I thought he was lying through his teeth, also feigning his lack of memory.‖ This court has stated that extrinsic evidence of a prior inconsistent statement is appropriate if the witness ―denies or does not recall making the statement.‖ Kendricks, 947 S.W.2d at 882 .

12015–2015

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-202 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 52 (1959–2026) TX 48 (1934–2024) LA 48 (1866–2019) OH 30 (1995–2025) FL 26 (1984–2019) IL 22 (1918–2026) AL 16 (1958–2001) MI 15 (1877–2019) MO 14 (1894–2022) NY 14 (1844–2014) GA 9 (1951–2026) WA 8 (1905–2019) MS 7 (1963–2018) NC 7 (1859–2026) PA 7 (1978–2019) MD 7 (1990–2022) CT 6 (1971–2021) HI 6 (1906–2018) OK 6 (1929–2022) AR 6 (1916–2021) IN 5 (1976–2000) TN 5 (2011–2022) DC 5 (1986–2024) CO 5 (1983–2025) KY 5 (1995–2024) VA 4 (1900–2018) SC 4 (1935–1998) NJ 4 (1950–2026) KS 3 (1925–2004) OR 3 (2020–2025) NE 2 (1987–2013) IA 2 (1935–2020) UT 2 (1998–2013) AZ 2 (2006–2012) WV 2 (1928–2001)

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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