harmful effect of any error (Tennessee) · Go Syfert
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harmful effect of any error in Tennessee

35 Tennessee opinions name it 1 courts 2004–2022 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 (10)

CaseFollowedCited
State v. Killebrewgreen
tenncrimapp · 1988 · cited in 24 Tennessee opinions naming this issue, 2004–2022
2 sentences

2012App. P. 36(a) (stating appellate relief is generally not available when a party is “responsible for an error” or has “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error”); see State v. Killebrew, 760 S.W.2d 228, 235 (Tenn. Crim.

2011App. P. 36(a) (stating appellate relief is generally not available when a party is “responsible for an error” or has “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error”); see State v. Killebrew, 760 S.W.2d 228, 235 (Tenn. Crim.

2424
State v. Schiefelbeingreen
tenncrimapp · 2007 · cited in 4 Tennessee opinions naming this issue, 2015–2020
2 sentences

2020App. P. 36(a) (appellate relief is generally unavailable when a party “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error.”); State v. Schieffelbein, 230 S.W.3d 88, 118 (Tenn. Crim.

2018App. P. 36(a) (appellate relief generally unavailable when party “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error.”); State v. Schieffelbein, 230 S.W.3d 88, 118 (Tenn. Crim.

44
State v. Simsgreen
tenn · 2001 · cited in 4 Tennessee opinions naming this issue, 2007–2013
2 sentences

2013App. P. 36(a); see Sims, 45 S.W.3d 1, 16 (Tenn. 2001).

2007App. P. 36(a); see State v. Sims, 45 S.W.3d 1, 16 (Tenn. 2001).

44
State v. Robinsongreen
tenn · 2004 · cited in 2 Tennessee opinions naming this issue, 2018–2018
2 sentences

2018App. P. 36(a) (providing that appellate relief is not available for a party who “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error”); State v. Robinson, 146 S.W.3d 469, 518 (Tenn. 2004) (holding that the issue of prosecutorial misconduct during closing argument is waived if the defendant does not make a contemporaneous objection).

2018App. P. 36(a) (providing that appellate relief is not available for a party who “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error”); State v. Robinson, 146 S.W.3d 469, 518 (Tenn. 2004) (holding that the issue of prosecutorial misconduct during closing argument is waived if the defendant does not make a contemporaneous objection).

22
State v. Gilleygreen
tenncrimapp · 2008 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018App. P. 36(a) (providing that appellate relief is not available for a party who “failed to take whatever action was reasonably available to prevent or nullify the harmful effect of any error”); see also State v. Gilley, 297 S.W.3d 739, 762 (Tenn. Crim.

11
State v. Cravensgreen
tenn · 1989 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014App. P. 36(a); see also, State v. Cravens, 764 S.W.2d 754, 756-57 (Tenn. 1989) (“Questions concerning the [jury] instructions are generally deemed to be waived in the absence of objection or special request, unless they contain plain error.”).

11
State v. Walkergreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014App. P. 36(a); see also, State v. Lillard, No. M2008-00575-CCA-R3-CD, 2009 WL 2951270 , at *7 (“[T]he failure to object, request a curative instruction[,] or move for a mistrial is typically grounds for waiver of an issue on appeal.”) (citing State v. Walker, 910 S.W.2d 381, 386 (Tenn. 1995)).

11
State v. Smithgreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Evid. 103(a)(1) (requiring a timely objection as a prerequisite to a finding of error based on the trial court’s admission of evidence); State v. Smith, 24 S.W.3d 274, 279-80 (Tenn. 2000) (concluding that a defendant’s failure to object to otherwise inadmissible evidence renders the evidence admissible); State v. Killebrew, 760 S.W.2d 228, 235 (Tenn. Crim.

11
State v. Jenkinsgreen
tenncrimapp · 1987 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007P. 36(a); see State v. Killebrew, 760 S.W.2d 228, 235 (Tenn.Crim.App.1988) (waiver applies when the defendant fails to make a contemporaneous objection); see also State v. Jenkins, 733 S.W.2d 528, 532 (Tenn.Crim.App.1987); State v. Rhoden, 739 S.W.2d 6, 11-12, 18 (Tenn.Crim.App.1987). “[W]hether properly assigned or not,” however, this court may consider plain error upon the record under Rule 52(b) of the Tennessee Rules of Criminal Procedure.

11
State v. Rhodengreen
tenncrimapp · 1987 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007P. 36(a); see State v. Killebrew, 760 S.W.2d 228, 235 (Tenn.Crim.App.1988) (waiver applies when the defendant fails to make a contemporaneous objection); see also State v. Jenkins, 733 S.W.2d 528, 532 (Tenn.Crim.App.1987); State v. Rhoden, 739 S.W.2d 6, 11-12, 18 (Tenn.Crim.App.1987). “[W]hether properly assigned or not,” however, this court may consider plain error upon the record under Rule 52(b) of the Tennessee Rules of Criminal Procedure.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-401 (10) TN § Tenn. Code Ann. § 40-35-103 (9) TN § Tenn. Code Ann. § 40-35-115 (9) TN § Tenn. Code Ann. § 40-35-210 (9) TN § Tenn. Code Ann. § 40-35-102 (8) TN § Tenn. Code Ann. § 40-35-114 (7) TN § Tenn. Code Ann. § 39-13-202 (6) TN § Tenn. Code Ann. § 39-11-402 (5) TN § Tenn. Code Ann. § 39-13-302 (4) TN § Tenn. Code Ann. § 39-17-417 (4) TN § Tenn. Code Ann. § 40-35-112 (4) TN § Tenn. Code Ann. § 40-35-113 (4)

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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