suspect received certain warning (Tennessee) · Go Syfert
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suspect received certain warning in Tennessee

5 Tennessee opinions name it 2 courts 2013–2026 2 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
State v. Smithgreen
tenn · 1996 · cited in 4 Tennessee opinions naming this issue, 2013–2026
2 sentences

2026“The issue under Miranda is whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, whereas the essential inquiry under the voluntariness test is whether a suspect’s will was overborne so as to render the confession a product of coercion.” Davidson, 509 S.W.3d at 189 (first citing State v. Freeland, 451 S.W.3d 791, 815 (Tenn. 2014); and then citing State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)).

2016While Miranda “asks whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, . . . the essential inquiry under the voluntariness test is whether a suspect‟s will was overborne so as to render the confession a product of coercion.” Climer, 400 S.W.3d at 568 (citing Dickerson, 530 U.S. at 433-35 ; State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)). “„Statements and confessions not made as a result of custodial interrogations must also be voluntary to be admissible.‟” State v. Tyler James Reed, No. M2012-02542-CCA-R3-CD, 2013 WL 6123155 , at *11 (Tenn. Crim.

44
State of Tennessee v. Lemaricus Devall Davidsongreen
tenn · 2016 · cited in 2 Tennessee opinions naming this issue, 2022–2026
2 sentences

2026“The issue under Miranda is whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, whereas the essential inquiry under the voluntariness test is whether a suspect’s will was overborne so as to render the confession a product of coercion.” Davidson, 509 S.W.3d at 189 (first citing State v. Freeland, 451 S.W.3d 791, 815 (Tenn. 2014); and then citing State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)).

2022See State v. Davidson, 509 S.W.3d 156, 189 (Tenn. 2016) (emphasizing that “[t]he due process voluntariness test is distinct from Miranda” and that while “[t]he issue under Miranda is whether a suspect received certain warnings and knowingly and voluntarily waived certain rights[,] . . . the essential inquiry under the voluntariness test is whether a suspect’s will was overborne so as to render the confession a product of coercion” (citations omitted)).

22
State of Tennessee v. John T. Freeland, Jr.green
tenn · 2014 · cited in 2 Tennessee opinions naming this issue, 2016–2026
2 sentences

2026“The issue under Miranda is whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, whereas the essential inquiry under the voluntariness test is whether a suspect’s will was overborne so as to render the confession a product of coercion.” Davidson, 509 S.W.3d at 189 (first citing State v. Freeland, 451 S.W.3d 791, 815 (Tenn. 2014); and then citing State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)).

2016Freeland, 451 S.W.3d at 815 (quoting State v. Climer, 400 S.W.3d 537, 568 (Tenn. 2013); State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)).

12
State of Tennessee v. David Hooper Climer, Jr.green
tenn · 2013 · cited in 2 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016Freeland, 451 S.W.3d at 815 (quoting State v. Climer, 400 S.W.3d 537, 568 (Tenn. 2013); State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)).

2016While Miranda “asks whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, . . . the essential inquiry under the voluntariness test is whether a suspect‟s will was overborne so as to render the confession a product of coercion.” Climer, 400 S.W.3d at 568 (citing Dickerson, 530 U.S. at 433-35 ; State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)). “„Statements and confessions not made as a result of custodial interrogations must also be voluntary to be admissible.‟” State v. Tyler James Reed, No. M2012-02542-CCA-R3-CD, 2013 WL 6123155 , at *11 (Tenn. Crim.

12
State v. Thackergreen
tenn · 2005 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016App. Nov. 20, 2013), perm. app. denied (Tenn. Apr. 14, 2014) (quoting State v. Thacker, 164 S.W.3d 208, 248 (Tenn. 2005)).

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 (1)

CaseCitedYears
Dickerson v. United States red
scotus · 2000
2 sentences

2016While Miranda “asks whether a suspect received certain warnings and knowingly and voluntarily waived certain rights, . . . the essential inquiry under the voluntariness test is whether a suspect‟s will was overborne so as to render the confession a product of coercion.” Climer, 400 S.W.3d at 568 (citing Dickerson, 530 U.S. at 433-35 ; State v. Smith, 933 S.W.2d 450, 455 (Tenn. 1996)). “„Statements and confessions not made as a result of custodial interrogations must also be voluntary to be admissible.‟” State v. Tyler James Reed, No. M2012-02542-CCA-R3-CD, 2013 WL 6123155 , at *11 (Tenn. Crim.

2013Dickerson, 530 U.S. at 433-35 , 120 S.Ct. 2326 ; State v. Smith, 933 S.W.2d 450, 455 (Tenn.1996).

22013–2016

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.

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