concluded rule (Tennessee) · Go Syfert
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concluded rule in Tennessee

33 Tennessee opinions name it 3 courts 1997–2025 4 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 (13)

CaseFollowedCited
Foster v. Harrisgreen
tenn · 1982 · cited in 3 Tennessee opinions naming this issue, 2010–2013
2 sentences

2013Our Supreme Court recently explained the discovery rule in medical malpractice actions: In Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn.1974), this Court adopted the majority rule among the states that a medical malpractice action does not accrue until “the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury.” The Court concluded that no rule of law should require “that a plaintiff file suit prior to knowledge of his injury or ... sue to vindicate a nonexistent wrong, at a time when [the] injury is u

2013Our Supreme Court recently explained the discovery rule in medical malpractice actions: In Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn. 1974), this Court adopted the majority rule among the states that a medical malpractice action does not accrue until “the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury.” The Court concluded that no rule of law should require “that a plaintiff file suit prior to knowledge of his injury or . . . sue to vindicate a nonexistent wrong, at a time when [the] injury i

33
Teeters v. Curreygreen
tenn · 1974 · cited in 3 Tennessee opinions naming this issue, 2010–2013
2 sentences

2013Our Supreme Court recently explained the discovery rule in medical malpractice actions: In Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn.1974), this Court adopted the majority rule among the states that a medical malpractice action does not accrue until “the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury.” The Court concluded that no rule of law should require “that a plaintiff file suit prior to knowledge of his injury or ... sue to vindicate a nonexistent wrong, at a time when [the] injury is u

2013Our Supreme Court recently explained the discovery rule in medical malpractice actions: In Teeters v. Currey, 518 S.W.2d 512, 517 (Tenn.1974), this Court adopted the majority rule among the states that a medical malpractice action does not accrue until “the patient discovers, or in the exercise of reasonable care and diligence for his own health and welfare, should have discovered the resulting injury.” The Court concluded that no rule of law should require “that a plaintiff file suit prior to knowledge of his injury or ... sue to vindicate a nonexistent wrong, at a time when [the] injury is u

23
Jeanette Rea Jackson v. Bradley Smithgreen
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017From the record it appears that Petitioner sought neither of these actions; therefore, that Order regarding the distribution of the Decedent’s tangible personal property stands valid and bars this action. 9 Res judicata “bars a second suit between the same parties or their privies on the same claim with respect to all issues which were, or could have been, litigated in the former suit.” Jackson v. Smith, 387 S.W.3d 486, 491 (Tenn. 2012) (citing Creech v. Addington, 281 S.W.3d 363, 376 (Tenn. 2009); Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995)).

11
Creech v. Addingtongreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017From the record it appears that Petitioner sought neither of these actions; therefore, that Order regarding the distribution of the Decedent’s tangible personal property stands valid and bars this action. 9 Res judicata “bars a second suit between the same parties or their privies on the same claim with respect to all issues which were, or could have been, litigated in the former suit.” Jackson v. Smith, 387 S.W.3d 486, 491 (Tenn. 2012) (citing Creech v. Addington, 281 S.W.3d 363, 376 (Tenn. 2009); Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995)).

11
Richardson v. Tennessee Board of Dentistrygreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017From the record it appears that Petitioner sought neither of these actions; therefore, that Order regarding the distribution of the Decedent’s tangible personal property stands valid and bars this action. 9 Res judicata “bars a second suit between the same parties or their privies on the same claim with respect to all issues which were, or could have been, litigated in the former suit.” Jackson v. Smith, 387 S.W.3d 486, 491 (Tenn. 2012) (citing Creech v. Addington, 281 S.W.3d 363, 376 (Tenn. 2009); Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995)).

11
People v. Rhodengreen
calctapp · 1999 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016Id.; see also Vizcarrondo- Casanova, 763 F.3d 89 , 103-04 & n.9 (1st Cir. 2014) (holding that the defendant did not establish that his filing of a motion to change his plea constituted detrimental reliance); Rhoden, 89 Cal. Rptr. 2d at 825-26 (concluding that the defendant did not detrimentally rely on plea offer when she could have cross-examined a witness or requested a continuance to further prepare for the cross-examination).

11
United States v. Vizcarrondo-Casanovagreen
ca1 · 2014 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016Id.; see also Vizcarrondo- Casanova, 763 F.3d 89 , 103-04 & n.9 (1st Cir. 2014) (holding that the defendant did not establish that his filing of a motion to change his plea constituted detrimental reliance); Rhoden, 89 Cal. Rptr. 2d at 825-26 (concluding that the defendant did not detrimentally rely on plea offer when she could have cross-examined a witness or requested a continuance to further prepare for the cross-examination).

11
State of Tennessee v. Susan Renee Bisegreen
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015The trial court concluded the hearing by stating that it “means to confine Mr. Cary so that he will never again threaten a free person” and that “Mr. Carey, you are the reason that we must have prisons.” Ordinarily, “sentences imposed by the trial court within the appropriate statutory range are to be reviewed under an abuse of discretion standard with a „presumption of reasonableness.‟” State v. Bise, 380 S.W.3d 682, 708 (Tenn. 2012).

11
State of Tennessee v. Takeita M. Lockegreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014State v. Locke, 90 S.W.3d 663, 675 (Tenn. 2002).

11
State v. Cannongreen
tenncrimapp · 1983 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Id. at *5; see also Cannon, 661 S.W.2d at 899 (concluding that failure to provide recorded police report was harmless error where the officer’s testimony was cumulative of other witness testimony); David Louis Raybin, 10 Tenn. Prac.

11
State ex rel. Moretz v. City of Johnson Citygreen
tenn · 1979 · cited in 1 Tennessee opinions naming this issue, 2009–2009
2 sentences

2009Moretz v. City of Johnson City, 581 S.W.2d 628, 631-32 (Tenn. 1979), this Court concluded that a challenge to the reasonableness of an annexation in quo warranto included the entitlement to a trial by jury, a development that, as a practical matter, had a significant adverse effect upon the expansion of municipal territories.5 In 1998 (shortly after the City of Memphis enacted Ordinance No. 4513 in regard to the annexation of Area 42) the General Assembly adopted additional amendments further refining the procedures for annexation and quo warranto challenges.

2009Moretz v. City of Johnson City, 581 S.W.2d 628, 631-32 (Tenn.1979), this Court concluded that a challenge to the reasonableness of an annexation in quo warranto included the entitlement to a trial by jury, a development that, as a practical matter, had a significant adverse effect upon the expansion of municipal territories. 5 In 1998 (shortly after the City of Memphis enacted Ordinance No. 4513 in regard to the annexation of Area 42) the General Assembly adopted additional amendments further refining the procedures for annexation and quo warranto challenges.

11
State v. Jacumingreen
tenn · 1989 · cited in 1 Tennessee opinions naming this issue, 2000–2000
11
Fahy v. Connecticutgreen
scotus · 1963 · cited in 1 Tennessee opinions naming this issue, 1999–1999
11

Distinguished, questioned or overruled (2)

CaseNegativeCited
State v. Gomezgreen
tenn · 2005 · cited in 2 Tennessee opinions naming this issue, 2008–2013
2 sentences

2013Id.

2008In addressing his sentencing claim, this Court concluded that the claim was not properly preserved, and, even if it had been, the claim lacked merit because State v. Gomez (“Gomez I”), 163 S.W.3d 632 (Tenn. 2005), overruled by State v. Gomez (“Gomez II”), 239 S.W.3d 733, 740-41 (Tenn. 2007), concluded Blakely did not impact Tennessee’s sentencing scheme.

12
State v. Gomezgreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2008–2008
1 sentence

2008In addressing his sentencing claim, this Court concluded that the claim was not properly preserved, and, even if it had been, the claim lacked merit because State v. Gomez (“Gomez I”), 163 S.W.3d 632 (Tenn. 2005), overruled by State v. Gomez (“Gomez II”), 239 S.W.3d 733, 740-41 (Tenn. 2007), concluded Blakely did not impact Tennessee’s sentencing scheme.

11

Also cited on this issue (24)

CaseCitedYears
In re Marriage of Schmidt green
illappct · 1997
2 sentences

2002The Vick opinion relied heavily upon the rationale and analysis of In re Marriage of Schmidt, 292 Ill.App.3d 229 , 226 Ill.Dec. 152 , 684 N.E.2d 1355 (1997).

2002The Vick opinion relied heavily upon the rationale and analysis of In re Marriage of Schmidt, 292 Ill.App.3d 229 , 226 Ill.Dec. 152 , 684 N.E.2d 1355 (1997).

22002–2002
State v. Nichols green
tenn · 1994
2 sentences

1998The court concluded that the instruction properly reflected “the evidentiary certainty required by the ‘due process’ clause of the federal constitution and the ‘law of the land’ provision in our state constitution.” Id.

1998The court concluded that the instruction properly reflected "the evidentiary certainty required by the 'due process' clause of the federal constitution and the 'law of the land' provision in our state constitution." Id.

21998–1998
State v. Zimmerman green
tenncrimapp · 1991
1 sentence

2025In other words, there appears to have been no basis for the sudden change in strategy.” Id. at 226 . - 26 - Unlike Zimmerman, the record supports the post-conviction court’s finding that third trial counsel did not promise the jury that a DNA expert was going to testify for the defense.

12025–2025
Clanton v. Cain-Sloan Co. green
tenn · 1984
1 sentence

2025Id. at 444–45.

12025–2025
Lincoln General Insurance Co. v. Detroit Diesel Corp. green
tenn · 2009
1 sentence

2022The court concluded that the rule was appropriate because it “fairly balances the competing policy interests and clearly delineates between the law of contract and the law of tort.” Id. at 492 .

12022–2022
Board of Professional Responsibility of The Supreme Court of Tennessee v. Loring Edwin Justice green
· 2019
1 sentence

2021Justice, 577 S.W.3d at 925-26 .

12021–2021
STATE of Tennessee v. Courtney KNOWLES green
tenn · 2015
1 sentence

2020Applying a plain error analysis, a majority of the court concluded that the error “did not create a substantial risk of a non-unanimous verdict on the offense of rape of a child.” Id. at 425 .

12020–2020
State of Tennessee v. Kacy Dewayne Cannon green
tenn · 2008
1 sentence

2017Id. at 299 .

12017–2017
State v. Turner green
tenn · 2009
2 sentences

2017The court concluded that the analysis in Samson “strikes the correct balance between the severely diminished privacy interests of a convicted felon serving the remainder of his or her sentence on parole release in the community, and -2- society’s interests in both reintegrating that felon and protecting itself against recidivism.” Id. at 165 .

2017In examining the nature of parole, the court recognized that “[o]n the continuum of possible punishments and reductions in freedoms, parolees occupy a place between incarcerated prisoners and probationers.” Id. at 162 .

12017–2017
Brady v. Maryland green
scotus · 1963
1 sentence

2016Given that the information in the NCIC report was not material, the court concluded that no violation pursuant to Brady v. Maryland, 373 U.S. 83 (1963), occurred.

12016–2016
State v. Faulkner green
tenn · 2005
1 sentence

2015Id. at 60 . -18- Turning to the instant case, the trial court did not instruct the jury that they had to find that the Defendant acting knowingly as to either the nature of his conduct or the result of his conduct.

12015–2015
Cherokee Country Club, Inc. v. City of Knoxville green
tenn · 2004
1 sentence

2012SNPCO, Inc. v. City of Jefferson City, 2010 WL 4272744 , at *2. 4 In addition, the court concluded that the test mandated by Cherokee Country Club, Inc. v. City of Knoxville, 152 S.W.3d 466 (Tenn.2004) to determine whether an ordinance must comply with the notice, hearing, and review requirements of the statutes governing the enactment of municipal zoning ordinances did not apply to determinations of Whether an ordinance was a “zoning restriction” for the purpose of the “grandfather” provision *472 in Tenn.Code Ann. § 13-7-208(b).

12012–2012
San Antonio Independent School District v. Rodriguez green
scotus · 1973
1 sentence

2012Id.

12012–2012
State v. Powers green
tenn · 2003
1 sentence

2012Powers, 101 S.W.3d at 401-02 .

12012–2012
State v. Hall green
tenn · 1998
1 sentence

2008Id.

12008–2008
Moore v. Moore green
tennctapp · 1980
1 sentence

2002The Court concluded that this rule is more consistent with the contract’s implied condition of reasonableness, as held in Moore v. Moore, 603 S.W.2d 736 (Tenn.App.1980).

12002–2002
Rickman v. Dutton green
tnmd · 1994
12002–2002
United States v. Cronic green
scotus · 1984
2 sentences

2002The court concluded that a presumption of prejudice was warranted pursuant to Cronic, 466 U.S. at 659 , 104 S. Ct. at 2047 .

2002The court concluded that a presumption of prejudice was warranted pursuant to Cronic, 466 U.S. at 659 , 104 S. Ct. at 2047 .

12002–2002
Spinelli v. United States red
scotus · 1969
12000–2000
Aguilar v. Texas red
scotus · 1964
12000–2000
State v. Cook green
tenn · 1991
12000–2000
State v. Simpson green
tenn · 1998
12000–2000
Chapman v. California red
scotus · 1967
11999–1999
Ezell v. Cockrell green
tenn · 1995
11997–1997

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-30-103 (4) TN § Tenn. Code Ann. § 40-30-106 (4) TN § Tenn. Code Ann. § 40-30-110 (4) TN § Tenn. Code Ann. § 40-35-112 (4) TN § Tenn. Code Ann. § 28-3-104 (3) TN § Tenn. Code Ann. § 29-26-116 (3) TN § Tenn. Code Ann. § 40-35-115 (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.

Where else courts name it

CA 235 (1965–2026) IL 158 (1908–2026) TX 156 (1916–2026) FL 77 (1966–2025) MD 69 (1958–2025) WA 68 (1943–2025) PA 64 (1951–2026) MI 55 (1970–2026) NJ 52 (1958–2025) OR 47 (1966–2025) WI 47 (1962–2025) OH 44 (1978–2024) CT 42 (1976–2023) IN 35 (1982–2021) MN 35 (1939–2016) TN 33 (1997–2025) CO 32 (1959–2026) NY 31 (1975–2023) LA 30 (1954–2023) KS 29 (1982–2025) AZ 29 (1987–2026) NC 21 (1979–2025) MO 21 (1892–2019) UT 19 (1988–2026) IA 19 (1974–2025) MA 19 (1995–2025) AL 18 (1985–2016) ND 17 (1962–2020) DC 16 (1973–2022) NM 16 (1991–2023) NE 14 (1960–2022) AK 14 (1981–2025) OK 13 (1944–2025) NV 12 (1986–2018) KY 11 (1936–2021) HI 10 (1996–2018) ID 10 (1987–2023) VA 9 (1988–2020) SC 9 (1956–2021) GA 9 (1983–2022) MT 8 (1981–2022) VT 8 (1992–2026) MS 7 (1972–2021) WV 7 (1978–2014) DE 6 (1992–2026) RI 6 (1970–2001) ME 5 (1996–2016) WY 5 (2000–2025) AR 5 (1983–2009) NH 3 (2003–2012) SD 3 (1990–2023)

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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