prophylactic rule (Tennessee) · Go Syfert
← Tennessee issues

prophylactic rule in Tennessee

5 Tennessee opinions name it 2 courts 1985–2026 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 (3)

CaseFollowedCited
Chavez v. Martinezgreen
scotus · 2003 · cited in 1 Tennessee opinions naming this issue, 2026–2026
1 sentence

2026See Chavez v. Martinez, 538 U.S. 760 , 768 n.2 (2003) (plurality opinion) (describing the Garrity rule as “a prophylactic rule we have constructed to protect the Fifth Amendment’s right from invasion”).

11
Maryland v. Shatzergreen
scotus · 2010 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012See Maryland v. Shatzer, 130 S. Ct. 1213, 1220 (2010).

11
McNeil v. Wisconsingreen
scotus · 1991 · cited in 1 Tennessee opinions naming this issue, 2009–2009
2 sentences

2009In response, the State asserted that it relied on McNeil v. Wisconsin, 501 U.S. 171, 177-79 , 111 S. Ct. 2204, 2208-09 (1991), which held that when a defendant invokes the offense-specific Sixth Amendment right to counsel during a proceeding as to a charged offense, it is not also considered an invocation of the defendant’s non-offense-specific Fifth Amendment right to counsel under Miranda and Edwards as to other uncharged offenses.

2009In response, the State asserted that it relied on McNeil v. Wisconsin, 501 U.S. 171, 177-79 , 111 S. Ct. 2204, 2208-09 (1991), which held that when a defendant invokes the offense-specific Sixth Amendment right to counsel during a proceeding as to a charged offense, it is not also considered an invocation of the defendant’s non-offense-specific Fifth Amendment right to counsel under Miranda and Edwards as to other uncharged offenses.

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
Garrity v. New Jersey green
scotus · 1967
1 sentence

2026A different rule was articulated the following year in Garrity -9- v. New Jersey, 385 U.S. 493 (1967).

12026–2026
George v. Alexander green
tenn · 1996
2 sentences

2012In George , the Supreme Court clearly established that “Rule 8.03 is a prophylactic rule of procedure that must *413 be strictly adhered to if it is to achieve its purposes.” George, 931 S.W.2d at 522 .

2012As such, to allow Dr. Kriger to proceed with his defense without pleading the comparative fault of Mr. Dickson “would invite evasion of a clearly-stated rule of procedure that is crucial to the equitable and efficient administration of a comparative fault system.” Id.

12012–2012
Berkemer v. McCarty green
scotus · 1984
2 sentences

1985Id. 104 S.Ct. at 3150 .

1985Id. 104 S.Ct. at 3150 .

11985–1985

Where else courts name it

PA 99 (1966–2025) CA 57 (1978–2025) TX 39 (1983–2023) CT 38 (1984–2025) MI 30 (1976–2024) IL 28 (1983–2025) FL 26 (1980–2024) GA 24 (1981–2026) LA 24 (1979–2020) WI 22 (1980–2021) DC 20 (1978–2015) MA 18 (1975–2015) MD 18 (1981–2025) NJ 17 (1979–2025) IN 15 (1974–2020) NC 14 (1983–2018) NY 13 (1966–2023) MO 13 (1972–2018) IA 13 (1982–2023) AZ 11 (1966–2023) OH 11 (1988–2022) ME 11 (1972–2018) CO 9 (1995–2019) OR 9 (1972–2017) MN 9 (1968–2024) RI 8 (1973–2011) WA 8 (2013–2020) NM 8 (1989–2022) MS 7 (1981–2003) AL 7 (1988–2014) AR 6 (1998–2019) VA 6 (1990–2011) NV 6 (1989–2019) WV 6 (1982–2025) UT 6 (1984–2024) TN 5 (1985–2026) VT 5 (1986–2017) KY 5 (1978–2023) OK 4 (1982–1993) DE 4 (1978–2019) KS 3 (1968–2008) AK 3 (1987–1993) HI 3 (2000–2008) NH 2 (1991–2015) ID 2 (1973–2007) NE 2 (1993–2018) SC 2 (1996–2007) SD 2 (1973–1990)

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.

← Caselaw search · G Cite Topics · Brief Check