unavailability requirement (Tennessee) · Go Syfert
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unavailability requirement in Tennessee

5 Tennessee opinions name it 2 courts 1995–2015 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
State v. Gerdesgreen
sd · 1977 · cited in 2 Tennessee opinions naming this issue, 2014–2015
2 sentences

2015Ct. 1981); State v. Gerdes, 258 N.W.2d 839, 843 (S.D. 1977). -14- The Petitioner has not cited to any authority applying this narrow unavailability exception based upon a change in the law. ―Issues regarding whether a change in the law should apply post-trial related to retroactivity and are more properly addressed in post- conviction proceedings or a motion to reopen post-conviction proceedings.‖ Vincent Sims v. State, No. W2014-00166-CCA-R3-PD, 2014 WL 7334202 , at *10 (Tenn. Crim.

2014Ct. 1981); State v. Gerdes, 258 N.W.2d 839, 843 (S.D. 1977). -19- The petitioner has failed to cite to any authority applying this narrow unavailability exception based upon a change in the law.

22
Moorehead v. Stategreen
tenn · 1966 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012The State contends that the trial court properly denied the defendant’s third motion to continue made less than two weeks before the trial date. “[T]he granting or denying of a continuance is a matter which addresses itself to the sound discretion of the trial judge.” Moorehead v. State, 409 S.W.2d 357, 358 (Tenn. 1966) (citing Bass v. State, 231 S.W.2d 707 (Tenn. 1950)).

11
State v. Kennedygreen
tenncrimapp · 1999 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000Ed. 2d 848 (1992); see also State v. Kennedy, 7 S.W.3d 58, 65 (Tenn. Crim.

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
Bass v. State green
tenn · 1950
1 sentence

2012The State contends that the trial court properly denied the defendant’s third motion to continue made less than two weeks before the trial date. “[T]he granting or denying of a continuance is a matter which addresses itself to the sound discretion of the trial judge.” Moorehead v. State, 409 S.W.2d 357, 358 (Tenn. 1966) (citing Bass v. State, 231 S.W.2d 707 (Tenn. 1950)).

12012–2012
White v. Illinois green
scotus · 1992
2 sentences

2000The Court later modified the unavailability requirement in White v. Illinois,: "[U]navailability analysis is a necessary part of the Confrontation Clause inquiry only when the challenged out-of-court statements were made in the course of a prior judicial proceeding . . . ." 502 U.S. 346, 354-55 , 112 S. Ct. 736 , 116 L.

2000The Court later modified the unavailability requirement in White v. Illinois,: "[U]navailability analysis is a necessary part of the Confrontation Clause inquiry only when the challenged out-of-court statements were made in the course of a prior judicial proceeding . . . ." 502 U.S. 346, 354-55 , 112 S. Ct. 736 , 116 L.

12000–2000
Union Planters Nat. Bank of Memphis v. Markowitz green
tnwd · 1979
1 sentence

1995They cite Markowitz, 468 F.Supp. at 533 .

11995–1995

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-26-105 (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

CA 17 (1975–2026) NY 14 (1964–2026) OR 12 (1992–2022) IL 11 (1972–2020) FL 10 (1982–2012) MA 9 (1992–2019) TX 9 (1995–2024) DC 9 (1981–2017) WI 8 (1982–2003) PA 8 (1977–2015) CT 7 (1995–2023) IN 7 (1987–2026) NJ 6 (1971–2018) MD 6 (1989–2005) KS 6 (1988–2014) WV 6 (1984–2011) WA 6 (1987–2021) OH 5 (1992–2022) NC 5 (1989–2009) CO 5 (1989–2016) MN 5 (1987–1999) AZ 5 (1993–2017) TN 5 (1995–2015) HI 4 (1992–2007) VA 4 (1993–2006) IA 4 (1995–2021) MO 4 (1980–2024) LA 3 (1987–2021) VT 3 (1988–2012) AL 3 (1994–2004) ME 2 (1976–1979) MT 2 (1987–1989) UT 2 (1995–2000) MI 2 (2014–2019) NM 2 (2009–2016) MS 2 (2000–2006) RI 2 (1990–2001)

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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