State may rebut presumption (Tennessee) · Go Syfert
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State may rebut presumption in Tennessee

5 Tennessee opinions name it 1 courts 1999–2021 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Tennessee.

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 (4)

CaseCitedYears
State v. Akins green
tenncrimapp · 1993
2 sentences

2021In determining whether the presumption is overcome, the trial court “must view the totality of the circumstances, and not merely the juror’s self-serving claim of lack of partiality.” Id. - 33 - The State maintains that the Defendant waived this issue by failing to challenge Juror 26 at trial.

2021The State may rebut the presumption through evidence establishing the absence of “actual prejudice” or “actual partiality.” Akins, 867 S.W.2d at 357 .

22015–2021
Illinois v. McArthur green
scotus · 2001
2 sentences

2001In other words, “[w]hen faced with special law enforcement needs, diminished expectations of privacy, minimal intrusions, or the like, ... certain general, or individual, circumstances may render a warrantless search or seizure reasonable.” McArthur, 531 U.S. at 330 , 121 S.Ct. at 949 .

2001In other words, “[w]hen faced with special law enforcement needs, diminished expectations of privacy, minimal intrusions, or the like, ... certain general, or individual, circumstances may render a warrantless search or seizure reasonable.” McArthur, 531 U.S. at 330 , 121 S.Ct. at 949 .

22000–2001
Mincey v. Arizona green
scotus · 1978
2 sentences

2001However, the State may rebut the presumption if the search or seizure falls within one of several “ ‘specifically established and well-delineated exceptions.’ ” Mincey, 437 U.S. at 390 , 98 S.Ct. at 2412 .

2001However, the State may rebut the presumption if the search or seizure falls within one of several “ ‘specifically established and well-delineated exceptions.’ ” Mincey, 437 U.S. at 390 , 98 S.Ct. at 2412 .

22000–2001
State v. Sparks green
tenn · 1995
1 sentence

1999Although these cases do not alter the well- settled principle that the State may rebut a claim of legal insanity solely through lay testimony, the opinions hold that such lay testimony “must be consistent with sanity and inconsistent with insanity.” Sparks, 891 S.W.2d at 616 .

11999–1999

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

TX 35 (1988–2024) OR 16 (2014–2025) IN 13 (1990–2020) OH 12 (1999–2025) MO 10 (2007–2024) FL 10 (1988–2018) WI 6 (2012–2023) IL 6 (2010–2019) TN 5 (1999–2021) WA 5 (1998–2019) SD 4 (1995–2009) MS 4 (2007–2020) UT 3 (2008–2022) NC 3 (1998–2012) WY 2 (2018–2026) MD 2 (2018–2019)

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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