Rees test (Tennessee) · Go Syfert
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Rees test in Tennessee

5 Tennessee opinions name it 2 courts 2004–2013 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 (3)

CaseFollowedCited
Robert Charles Comer v. Dora B. Schriro, Director, of Arizona Department of Correctionsgreen
ca9 · 2007 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013See Comer v. Schriro, 480 F.3d 960, 970 (9th Cir.2007); Mason ex rel.

2013See Comer v. Schriro, 480 F.3d 960, 970 (9th Cir.2007); Mason ex rel.

11
State v. Kisergreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2011–2011
2 sentences

2011Tennessee Supreme Court Rule 28, section 11(B)(1) parallels the Rees test but “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw -37- an already-filed post-conviction petition and waive further post-conviction relief.” Reid, 197 S.W.3d at 701 n. 7; see also State v. Kiser, 284 S.W.3d 227 , 244 n. 12 (Tenn. 2009).

2011Tennessee Supreme Court Rule 28, section 11(B)(1) parallels the Rees test but “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw -37- an already-filed post-conviction petition and waive further post-conviction relief.” Reid, 197 S.W.3d at 701 n. 7; see also State v. Kiser, 284 S.W.3d 227 , 244 n. 12 (Tenn. 2009).

11
Lonchar v. Zantgreen
ca11 · 1993 · cited in 1 Tennessee opinions naming this issue, 2004–2004
2 sentences

2004In Lonchar v. Zant, it was held that application of the Rees test "involves a determination of (1) whether that person suffers from a mental disease, disorder, or defect; (2) whether a mental disease, disorder, or defect prevents that person from understanding his legal position and the options available to him; and (3) whether a mental disease, disorder, or defect prevents that person from making a rational choice among his options." 978 F.2d 637, 641-42 (11th Cir. 1992) (citing Rumbaugh, 753 F.2d at 398 .

2004In Lonchar v. Zant, it was held that application of the Rees test "involves a determination of (1) whether that person suffers from a mental disease, disorder, or defect; (2) whether a mental disease, disorder, or defect prevents that person from understanding his legal position and the options available to him; and (3) whether a mental disease, disorder, or defect prevents that person from making a rational choice among his options." 978 F.2d 637, 641-42 (11th Cir. 1992) (citing Rumbaugh, 753 F.2d at 398 .

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
Reid v. State green
tenn · 2006
2 sentences

2011Tennessee Supreme Court Rule 28, section 11(B)(1) parallels the Rees test but “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw -37- an already-filed post-conviction petition and waive further post-conviction relief.” Reid, 197 S.W.3d at 701 n. 7; see also State v. Kiser, 284 S.W.3d 227 , 244 n. 12 (Tenn. 2009).

2011Tennessee Supreme Court Rule 28, section 11(B)(1) parallels the Rees test but “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw -37- an already-filed post-conviction petition and waive further post-conviction relief.” Reid, 197 S.W.3d at 701 n. 7; see also State v. Kiser, 284 S.W.3d 227 , 244 n. 12 (Tenn. 2009).

22009–2011
Rees v. Peyton green
scotus · 1966
2 sentences

2011The court stated that the Rees standard, which contains a “rationality” component, “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw an already-filed post-conviction petition and waive further post-conviction relief.” Id. at 701 n. 7.

2011The court stated that the Rees standard, which contains a “rationality” component, “is limited . . . to the unique circumstances involved when a petitioner in a capital case seeks to withdraw an already-filed post-conviction petition and waive further post-conviction relief.” Id. at 701 n. 7.

12011–2011
Rumbaugh v. Procunier green
ca5 · 1985
2 sentences

2004In Lonchar v. Zant, it was held that application of the Rees test "involves a determination of (1) whether that person suffers from a mental disease, disorder, or defect; (2) whether a mental disease, disorder, or defect prevents that person from understanding his legal position and the options available to him; and (3) whether a mental disease, disorder, or defect prevents that person from making a rational choice among his options." 978 F.2d 637, 641-42 (11th Cir. 1992) (citing Rumbaugh, 753 F.2d at 398 .

2004In Lonchar v. Zant, it was held that application of the Rees test "involves a determination of (1) whether that person suffers from a mental disease, disorder, or defect; (2) whether a mental disease, disorder, or defect prevents that person from understanding his legal position and the options available to him; and (3) whether a mental disease, disorder, or defect prevents that person from making a rational choice among his options." 978 F.2d 637, 641-42 (11th Cir. 1992) (citing Rumbaugh, 753 F.2d at 398 .

12004–2004

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 33-7-301 (3) TN § Tenn. Code Ann. § 39-13-204 (3) TN § Tenn. Code Ann. § 40-30-110 (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

TN 5 (2004–2013) UT 3 (1991–2005) KY 2 (2010–2013) OK 2 (2006–2008) OH 2 (1997–1997)

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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