privilege analysis (Tennessee) · Go Syfert
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privilege analysis in Tennessee

5 Tennessee opinions name it 2 courts 1936–2019 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 (5)

CaseFollowedCited
Jane Doe, a Minor, by and Through Her Guardian and Mother, Alisa Rudy-Glanzer v. Elroy \Bud\" Glazergreen
· 2000 · cited in 2 Tennessee opinions naming this issue, 2012–2019
2 sentences

2019Rudy-Glanzer v. Glanzer, 232 F.3d 1258, 1264 (9th Cir. 2000) (“[N]ot allowing the negative inference to be drawn poses substantial problems for an adverse party who is deprived of a source of information that might conceivably be determinative in a search for the truth.”). 27 Id. at 506-07 (quoting Doe, 232 F.3d at 1265 ) (citations omitted) (emphasis in Akers).

2012In determining whether a negative inference is permissible, the privilege analysis is applied on a question-by-question basis, and “therefore ... the privilege necessarily attaches only to the question being asked and the information sought by that particular question.” Do e, 232 F.3d at 1265 (emphasis added).

22
C. Paul Rogers v. R. Howard Webstergreen
ca6 · 1985 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019In determining whether a negative inference is permissible, the privilege analysis is applied on a question-by-question basis, and “therefore . . . the privilege necessarily attaches only to the question being asked and the information sought by that particular question.” to answer.” Not affording one who asserts the privilege an opportunity to answer, once his claim of privilege has been rejected, is to penalize him merely for asserting the privilege. 776 F.2d at 612 (internal citation omitted). 32 See also Levine v. March, 266 S.W.3d 426, 442 (Tenn. Ct. App. 2007) (“[T]he majority of jurisdi

11
Levine v. Marchgreen
tennctapp · 2007 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019In determining whether a negative inference is permissible, the privilege analysis is applied on a question-by-question basis, and “therefore . . . the privilege necessarily attaches only to the question being asked and the information sought by that particular question.” to answer.” Not affording one who asserts the privilege an opportunity to answer, once his claim of privilege has been rejected, is to penalize him merely for asserting the privilege. 776 F.2d at 612 (internal citation omitted). 32 See also Levine v. March, 266 S.W.3d 426, 442 (Tenn. Ct. App. 2007) (“[T]he majority of jurisdi

11
State v. Waltongreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2005–2005
2 sentences

2005The distinction which has emerged, often expressed in different ways, is that the privilege is a bar against compelling “communications” or “testimony,” but that compulsion which makes a suspect or accused the source of “real or physical evidence” does not violate it. -9- Id. at 764 (emphasis added); see also State v. Walton, 41 S.W.3d 75, 87 (Tenn. 2001) (“[T]he Fifth amendment applies only to testimonial or communicative evidence.”).

2005Id. at 764 (emphasis added); see also State v. Walton, 41 S.W.3d 75, 87 (Tenn.2001) (“[T]he Fifth amendment applies only to testimonial or communicative evidence.”).

11
Schmerber v. Californiagreen
scotus · 1966 · cited in 1 Tennessee opinions naming this issue, 2005–2005
1 sentence

2005The distinction which has emerged, often expressed in different ways, is that the privilege is a bar against compelling “communications” or “testimony,” but that compulsion which makes a suspect or accused the source of “real or physical evidence” does not violate it. -9- Id. at 764 (emphasis added); see also State v. Walton, 41 S.W.3d 75, 87 (Tenn. 2001) (“[T]he Fifth amendment applies only to testimonial or communicative evidence.”).

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 Board of Medical Examiners v. Friedman neutral
tenn · 1923
1 sentence

1957The Court of Appeals, in upholding her right to intervene, stated that it found no evidence that the city acted malevolently in injecting petitioner’s name in this contest between third parties; that it is merely a case where a material and important issue could not be developed without involving the professional conduct of a member of the Bar; that petitioner being without remedy other *533 wise when so caught up by circumstances beyond her control should be entitled to seek vindication in the very proceedings in which the injury occurred; that the right to practice a profession is a property

11957–1957
Janeway v. State Board of Chiropractic Examiners green
tennctapp · 1950
2 sentences

1957The Court of Appeals, in upholding her right to intervene, stated that it found no evidence that the city acted malevolently in injecting petitioner’s name in this contest between third parties; that it is merely a case where a material and important issue could not be developed without involving the professional conduct of a member of the Bar; that petitioner being without remedy other *533 wise when so caught up by circumstances beyond her control should be entitled to seek vindication in the very proceedings in which the injury occurred; that the right to practice a profession is a property

1957The Court of Appeals, in upholding her right to intervene, stated that it found no evidence that the city acted malevolently in injecting petitioner’s name in this contest between third parties; that it is merely a case where a material and important issue could not be developed without involving the professional conduct of a member of the Bar; that petitioner being without remedy other *533 wise when so caught up by circumstances beyond her control should be entitled to seek vindication in the very proceedings in which the injury occurred; that the right to practice a profession is a property

11957–1957
Donald v. Portis neutral
ala · 1868
1 sentence

1936Donald v. Portis, 42 Ala., 29 .

11936–1936

Where else courts name it

CA 60 (1902–2026) TX 56 (1960–2026) NY 47 (1889–2025) WA 36 (1920–2025) PA 31 (1891–2025) OH 31 (1964–2024) FL 30 (1931–2025) LA 28 (1850–2021) OR 26 (1896–2024) IN 26 (1885–2017) IL 24 (1904–2026) MI 20 (1886–2026) MD 18 (1911–2024) NJ 17 (1960–2020) KY 15 (1929–2025) AZ 14 (1976–2026) VA 14 (1926–2023) CT 13 (1937–2011) NH 12 (1889–2018) MO 11 (1916–2014) WV 11 (1947–2022) WI 11 (1899–2026) IA 11 (1969–2024) CO 10 (1970–2026) AK 10 (1964–2017) MS 10 (1984–2023) NM 9 (1956–2015) MN 9 (1889–2016) OK 9 (1913–2019) GA 9 (1940–2025) ME 8 (1913–2014) MA 8 (1977–2018) AR 8 (1923–2003) AL 8 (1909–2018) DE 7 (1963–2020) RI 6 (1905–2017) KS 6 (1969–2017) NC 6 (1921–2019) DC 5 (1984–2025) TN 5 (1936–2019) UT 4 (1943–2020) HI 3 (1979–2014) NV 3 (1997–2020) ND 3 (1980–1994) SD 2 (1984–2001) NE 2 (1991–2007) VT 2 (1988–2002) ID 2 (1978–2014) MT 2 (1931–1969)

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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