presumption of correctness standard (Tennessee) · Go Syfert
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presumption of correctness standard in Tennessee

5 Tennessee opinions name it 3 courts 1991–2014 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 (4)

CaseFollowedCited
State of Tennessee v. Christine Caudlegreen
tenn · 2012 · cited in 2 Tennessee opinions naming this issue, 2013–2014
2 sentences

2014Our supreme court has concluded that the abuse of discretion with a presumption of correctness standard in Bise applies to “questions related to probation or any other alternative sentence.” State v. Caudle, 388 S.W.3d 273, 278-79 (Tenn. 2012).

2013Our supreme court has concluded that the abuse of discretion with a presumption of correctness standard in Bise applies to “questions related to probation or any other alternative sentence.” State v. Caudle, 388 S.W.3d 273, 278-79 (Tenn. 2012).

22
State v. Hoopergreen
tenn · 2000 · cited in 2 Tennessee opinions naming this issue, 2013–2014
2 sentences

2014When determining if incarceration is appropriate, a trial court should consider if: (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or -9- (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant[.] T.C.A. § 40-35-103(1)(A)-(C) (2010); see also State v. Hooper, 29 S

2013When determining if incarceration is appropriate, a trial court should consider if: (A) Confinement is necessary to protect society by restraining a defendant who has a long history of criminal conduct; (B) Confinement is necessary to avoid depreciating the seriousness of the offense or confinement is particularly suited to provide an effective deterrence to others likely to commit similar offenses; or (C) Measures less restrictive than confinement have frequently or recently been applied unsuccessfully to the defendant[.] T.C.A. § 40-35-103(1) (2010); see also State v. Hooper, 29 S.W.3d 1, 5

22
State v. Gutierrezgreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000See Tenn.Code Ann. § 40 — 35—401(d); State v. Gutierrez, 5 S.W.3d 641, 646 (Tenn.1999) (applying a presumption of correctness standard to one sentencing determination after concluding that the trial court erred in another).

11
Davis v. Beelergreen
tenn · 1947 · cited in 1 Tennessee opinions naming this issue, 1991–1991
2 sentences

1991The court held that the change in the rules of appellate review of sentencing falls into none of the forbidden categories found in Calder v. Bull, 3 U.S. (3 Dali.) 386, 390, 1 L.Ed. 648 (1798), and adopted in Davis v. Beeler, 185 Tenn. 638 , 207 S.W.2d 343, 349 (1947).

1991The court held that the change in the rules of appellate review of sentencing falls into none of the forbidden categories found in Calder v. Bull, 3 U.S. (3 Dali.) 386, 390, 1 L.Ed. 648 (1798), and adopted in Davis v. Beeler, 185 Tenn. 638 , 207 S.W.2d 343, 349 (1947).

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
Taylor v. Trans Aero Corp. green
tennctapp · 1995
1 sentence

2000Taylor v. Trans Aero Corp., 924 S.W.2d 109 , (Tenn. Ct. App. 1995); Weaver v. Nelms, 750 S.W.2d 158 (Tenn. Ct. App. 1987); Realty Shop Inc. v. RR Westminister Holding, 7 S.W.3rd 581, (Tenn. Ct. App. 1999).

12000–2000
Weaver v. Nelms green
tennctapp · 1987
1 sentence

2000Taylor v. Trans Aero Corp., 924 S.W.2d 109 , (Tenn. Ct. App. 1995); Weaver v. Nelms, 750 S.W.2d 158 (Tenn. Ct. App. 1987); Realty Shop Inc. v. RR Westminister Holding, 7 S.W.3rd 581, (Tenn. Ct. App. 1999).

12000–2000
Calder v. Bull green
scotus · 1798
1 sentence

1991The court held that the change in the rules of appellate review of sentencing falls into none of the forbidden categories found in Calder v. Bull, 3 U.S. (3 Dali.) 386, 390, 1 L.Ed. 648 (1798), and adopted in Davis v. Beeler, 185 Tenn. 638 , 207 S.W.2d 343, 349 (1947).

11991–1991

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-102 (4) TN § Tenn. Code Ann. § 40-35-103 (4) TN § Tenn. Code Ann. § 40-35-210 (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

AL 5 (1980–2025) TN 5 (1991–2014)

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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