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5 Tennessee opinions name it 2 courts 2009–2024 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.
| Case | Followed | Cited |
|---|---|---|
Dellinger v. Stategreen2 sentences2014In State v. Dellinger, 279 S.W.3d 282, 295 (Tenn. 2009), our supreme court held that a freestanding claim of actual innocence based on new scientific evidence also is cognizable in an initial, timely-filed petition for post-conviction relief. 2014In State v. Dellinger, 279 S.W.3d 282, 295 (Tenn. 2009), our supreme court held that a freestanding claim of actual innocence based on new scientific evidence also is cognizable in an initial, timely-filed petition for post-conviction relief. | 2 | 2 |
State Ex Rel. Amrine v. Ropergreen1 sentence2010App. 1996) (superceded on other grounds by statute); see also Miller v. Comm’r of Corr., 700 A.2d. 1108, 1132 (Conn. 1997) (holding that “in order to grant a petitioner’s request for relief, the habeas court first must be convinced by clear and convincing evidence that the petitioner is actually innocent); State ex rel Amrine v. Roper, 102 S.W.3d 541, 548 (Mo. 2003) (en banc) (holding that a petitioner asserting -42- a freestanding claim of actual innocence is required “to make a clear and convincing showing of actual innocence that undermines confidence in the correctness of the judgment”); M | 1 | 1 |
Montoya v. Ulibarrigreen1 sentence2010App. 1996) (superceded on other grounds by statute); see also Miller v. Comm’r of Corr., 700 A.2d. 1108, 1132 (Conn. 1997) (holding that “in order to grant a petitioner’s request for relief, the habeas court first must be convinced by clear and convincing evidence that the petitioner is actually innocent); State ex rel Amrine v. Roper, 102 S.W.3d 541, 548 (Mo. 2003) (en banc) (holding that a petitioner asserting -42- a freestanding claim of actual innocence is required “to make a clear and convincing showing of actual innocence that undermines confidence in the correctness of the judgment”); M | 1 | 1 |
Miller v. Commissioner of Correctiongreen1 sentence2010App. 1996) (superceded on other grounds by statute); see also Miller v. Comm’r of Corr., 700 A.2d. 1108, 1132 (Conn. 1997) (holding that “in order to grant a petitioner’s request for relief, the habeas court first must be convinced by clear and convincing evidence that the petitioner is actually innocent); State ex rel Amrine v. Roper, 102 S.W.3d 541, 548 (Mo. 2003) (en banc) (holding that a petitioner asserting -42- a freestanding claim of actual innocence is required “to make a clear and convincing showing of actual innocence that undermines confidence in the correctness of the judgment”); M | 1 | 1 |
Owens v. Stategreen1 sentence2009Because we find that the Act expressly provides for freestanding claims of actual innocence based on new scientific evidence, we decline to reach the broader constitutional issue posed by Dellinger. 4 See Owens v. State, 908 S.W.2d 923, 926 (Tenn. 1995) (“[Ujnder Tennessee law, courts do not decide constitutional questions unless resolution is absolutely necessary for determination of the case and the rights of the parties.”). | 1 | 1 |
Green v. Mooregreen1 sentence2009Green v. Moore, 101 S.W.3d 415, 418 (Tenn.2003). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Brady v. Maryland
green
1 sentence2024Petitioner also raises a freestanding claim that the State improperly withheld the letters in violation of Brady v. Maryland, 373 U.S. 83 (1963). | 1 | 2024–2024 |
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.
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.