section 39-13-401 offense of robbery (Tennessee) · Go Syfert
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section 39-13-401 offense of robbery in Tennessee

11 Tennessee opinions name it 2 courts 2000–2024 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 (6)

CaseFollowedCited
State v. Owensgreen
tenn · 2000 · cited in 7 Tennessee opinions naming this issue, 2000–2024
2 sentences

2024The court held that in order to constitute the offense of robbery under Tennessee Code Annotated section 39-13-401, “the use of violence or fear must precede or be contemporaneous with the taking of property from the person.” Id.

2012Appellant argues that his conviction for especially aggravated robbery cannot stand “[b]ecause the victim’s serious bodily injury did not precede or occur contemporaneously with the aggravated robbery.” In support, appellant cites our supreme court’s holding in State v. Owens, 20 S.W.3d 634, 641 (Tenn. 2000), that “that the use of violence or fear must precede or be contemporaneous with the taking of property from the person to constitute the offense of robbery under Tenn. Code Ann. § 39-13-401 .” However, appellant’s reliance on Owens is misguided.

57
State v. Fitzgreen
tenn · 2000 · cited in 3 Tennessee opinions naming this issue, 2000–2014
2 sentences

2014However, the Tennessee Supreme Court has previously held that “the plain meaning of the element of violence as used in the offense of robbery pursuant to Tenn. Code Ann. § 39-13-401 is -19- evidence of physical force unlawfully exercised so as to damage, injure or abuse.” State v. Fitz, 19 S.W.3d 213, 217 (Tenn. 2000). “‘The fear constituting an element of [robbery] is fear of present personal peril from violence offered or impending.’” State v. Bowles, 52 S.W.3d 69, 80 (Tenn. 2001) (quoting Britt v. State, 26 Tenn. (7 Hum.) 45 (1846)).

2003In State v. Fitz, 19 S.W.3d 213, 216 (Tenn. 2000), our supreme court examined what evidence constituted proof of “violence.” The court concluded that the plain meaning of the element of violence as used in the offense of robbery pursuant to Tennessee Code Annotated section 39-13-401 is “physical force unlawfully exercised so as to damage, injure or abuse.” Id. at 217 ; see also State v. Allen, 69 S.W.3d 181, 186 (Tenn. 2002).

33
State v. Allengreen
tenn · 2002 · cited in 2 Tennessee opinions naming this issue, 2003–2015
2 sentences

2015Turning to the required elements of violence and placing the victims in fear for the convictions of aggravated robbery, our supreme court has held that “pointing a deadly weapon at the victim constitutes „violence‟ as used in the offense of robbery pursuant to Tenn. Code Ann. § 39-13-401 .” State v. Allen, 69 S.W.3d 181, 185 (Tenn. 2002).

2003In State v. Fitz, 19 S.W.3d 213, 216 (Tenn. 2000), our supreme court examined what evidence constituted proof of “violence.” The court concluded that the plain meaning of the element of violence as used in the offense of robbery pursuant to Tennessee Code Annotated section 39-13-401 is “physical force unlawfully exercised so as to damage, injure or abuse.” Id. at 217 ; see also State v. Allen, 69 S.W.3d 181, 186 (Tenn. 2002).

22
State v. Bowlesgreen
tenn · 2001 · cited in 2 Tennessee opinions naming this issue, 2010–2014
2 sentences

2014However, the Tennessee Supreme Court has previously held that “the plain meaning of the element of violence as used in the offense of robbery pursuant to Tenn. Code Ann. § 39-13-401 is -19- evidence of physical force unlawfully exercised so as to damage, injure or abuse.” State v. Fitz, 19 S.W.3d 213, 217 (Tenn. 2000). “‘The fear constituting an element of [robbery] is fear of present personal peril from violence offered or impending.’” State v. Bowles, 52 S.W.3d 69, 80 (Tenn. 2001) (quoting Britt v. State, 26 Tenn. (7 Hum.) 45 (1846)).

2010State v. Bowles, 52 S.W.3d 69, 80 (Tenn. 2001). “[T]he use of violence or fear must precede or be contemporaneous with the taking of property from the person to constitute the offense of robbery under Tenn. Code Ann. § 39-13-401 .” State v. Owens, 20 S.W.3d 634, 641 (Tenn. 2000).

22
Register v. Stategreen
miss · 1957 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000State v. Owens, 20 S.W.3d 634, 639 (Tenn. 2000) (citing Register v. State, 97 So.2d 919, 921-22 (1957)). “[T]he plain meaning of violence as used in the offense of robbery pursuant to Tenn. Code Ann. § 39-13-401 is evidence of physical force unlawfully exercised so as to damage, injure or abuse.” State v. Fitz, 19 S.W.3d 213, 216 (Tenn. 2000). -12- The State argues that intent to rob can be formed either prior to, during, or after the acts which caused serious bodily injury.

11
Mason v. Commonwealthgreen
va · 1958 · cited in 1 Tennessee opinions naming this issue, 2000–2000
2 sentences

2000See Mason v. Commonwealth, 200 Va. 253, 255-56 , 105 S.E.2d 149, 151 (1958); see also Kristine Cordier Kamezis, Annotation, Use of Force or Intimidation in Retaining Property or in Attempting to Escape, Rather than in Taking Property, as Element of Robbery, 93 A.L.R.3d 643 (1979 & Supp.1999); 67 Am.Jur.2d Robbery § 28 (1985 & Supp.1999). 5 .

2000See Mason v. Commonwealth, 200 Va. 253, 255-56 , 105 S.E.2d 149, 151 (1958); see also Kristine Cordier Kamezis, Annotation, Use of Force or Intimidation in Retaining Property or in Attempting to Escape, Rather than in Taking Property, as Element of Robbery, 93 A.L.R.3d 643 (1979 & Supp.1999); 67 Am.Jur.2d Robbery § 28 (1985 & Supp.1999). 5 .

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 (2)

CaseCitedYears
Britt v. State green
tenn · 1846
1 sentence

2014However, the Tennessee Supreme Court has previously held that “the plain meaning of the element of violence as used in the offense of robbery pursuant to Tenn. Code Ann. § 39-13-401 is -19- evidence of physical force unlawfully exercised so as to damage, injure or abuse.” State v. Fitz, 19 S.W.3d 213, 217 (Tenn. 2000). “‘The fear constituting an element of [robbery] is fear of present personal peril from violence offered or impending.’” State v. Bowles, 52 S.W.3d 69, 80 (Tenn. 2001) (quoting Britt v. State, 26 Tenn. (7 Hum.) 45 (1846)).

12014–2014
State v. Swift green
tenn · 2010
1 sentence

2012In State v. Owens, 20 S.W.3d 634, 641 (Tenn. 2000), our Supreme Court held that “the use of violence or fear must precede or be contemporaneous with the taking of property from the person to constitute the offense of robbery under Tenn. Code Ann. § 39-13-401 .” In State v. Swift, 308 S.W.3d 827 (Tenn. 2010), the Supreme Court reiterated the holding in Owens and said: We specifically rejected the continuous offense theory under which robbery is defined to extend to situations in which force is used after the taking, such as to retain property or facilitate escape.

12012–2012

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-401 (11) TN § Tenn. Code Ann. § 39-11-106 (5) TN § Tenn. Code Ann. § 39-13-403 (5) TN § Tenn. Code Ann. § 39-14-103 (4) TN § Tenn. Code Ann. § 39-11-302 (3) TN § Tenn. Code Ann. § 40-35-210 (3) TN § Tenn. Code Ann. § 40-35-401 (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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