special request instruction (Tennessee) · Go Syfert
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special request instruction in Tennessee

32 Tennessee opinions name it 2 courts 1935–2020 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 (18)

CaseFollowedCited
State v. Hansongreen
tenn · 2009 · cited in 6 Tennessee opinions naming this issue, 2011–2020
2 sentences

2020“The refusal to grant a special request for instruction is error only when the general charge does not fully and fairly state the applicable law.” State v. Hanson, 279 S.W.3d 265, 280 (Tenn. 2009).

2019“The refusal to grant a special request for instruction is error only when the general charge does not fully and fairly state the applicable law.” Hanson, 279 S.W.3d at 280 .

46
State v. Vanngreen
tenn · 1998 · cited in 4 Tennessee opinions naming this issue, 1996–2004
2 sentences

2004“Where the trial court’s instructions on a matter are proper, its denial of a special request is not error.” State v. Vann, 976 S.W.2d 93, 114 (Tenn. 1998); see also State v. Mann, 959 S.W.2d 503, 521 (Tenn. 1997).

2003State v. Vann, 976 S.W.2d 93, 114 (Tenn. 1998).

44
State v. Fostergreen
tenncrimapp · 1988 · cited in 3 Tennessee opinions naming this issue, 1997–2004
2 sentences

2004Cole v. State, 187 Tenn. 459 , 215 S.W.2d 824, 826 (Tenn. 1948); State v. Foster, 755 S.W.2d 846, 848 (Tenn. Crim.

2002Cole v. State, . . . 215 S.W.2d 824, 826 (Tenn. 1948); State v. Foster, 755 S.W.2d 846, 848 (Tenn. Crim.

33
Cole v. Stategreen
tenn · 1948 · cited in 3 Tennessee opinions naming this issue, 1997–2004
2 sentences

2004Cole v. State, 187 Tenn. 459 , 215 S.W.2d 824, 826 (Tenn. 1948); State v. Foster, 755 S.W.2d 846, 848 (Tenn. Crim.

2004Cole v. State, 187 Tenn. 459 , 215 S.W.2d 824, 826 (Tenn. 1948); State v. Foster, 755 S.W.2d 846, 848 (Tenn. Crim.

33
Shell v. Stategreen
tenncrimapp · 1979 · cited in 3 Tennessee opinions naming this issue, 1980–2000
2 sentences

2000See Shell v. State, 584 S.W.2d 231, 235 (Tenn. Crim.

1998Shell v. State, 584 S.W.2d 231, 235 (Tenn.Crim.App.1979).

23
State v. Haynesgreen
tenncrimapp · 1986 · cited in 2 Tennessee opinions naming this issue, 2000–2010
2 sentences

2010See Tenn. R.Crim.P. 30(a); State v. Cravens, 764 S.W.2d 754, 757-58 (Tenn. 1989); State v. Haynes, 720 S.W.2d 76, 84-85 (Tenn. Crim.

2000See Tenn.R.Crim.P. 30(a), (b); State v. Cravens, 764 S.W.2d 754 (Tenn.1989); State v. Haynes, 720 S.W.2d 76, 84-85 (Tenn.Crim.App.1986); Bolton v. State, 591 S.W.2d 446 (Tenn.Crim.App.1979).

22
State v. Forbesgreen
tenncrimapp · 1995 · cited in 2 Tennessee opinions naming this issue, 1999–2005
2 sentences

2005Cozart, 54 S.W.3d at 245 ; State v. Forbes, 918 S.W.2d 431, 447 (Tenn. Crim.

1999State v. Forbes, 918 S.W.2d 431, 447 (Tenn. Crim.

22
State v. Storygreen
tenncrimapp · 1980 · cited in 2 Tennessee opinions naming this issue, 1987–1999
2 sentences

1999State v. Story, 608 S.W.2d 599, 603 (Tenn. Crim.

1987See State v. Story, 608 S.W.2d 599, 603 (Tenn.Cr.App.1980).

22
State v. Dorantesgreen
tenn · 2011 · cited in 2 Tennessee opinions naming this issue, 2011–2014
2 sentences

2014“The refusal to grant a special request for an instruction is error only when the general charge fails to fully and fairly provide the applicable law, considering the instructions in their entirety and reading them as a whole rather than in isolation.” Dorantes, 331 S.W.3d at 390 .

2011“The refusal to grant a special request for an instruction is error only when the general charge fails to fully and fairly provide the applicable law, considering the instructions in their entirety and reading them as a whole rather than in isolation.” State v. Dorantes, 331 S.W.3d 370, 390 (Tenn. 2011).

12
State v. Cravensgreen
tenn · 1989 · cited in 2 Tennessee opinions naming this issue, 2000–2010
2 sentences

2010See Tenn. R.Crim.P. 30(a); State v. Cravens, 764 S.W.2d 754, 757-58 (Tenn. 1989); State v. Haynes, 720 S.W.2d 76, 84-85 (Tenn. Crim.

2000See Tenn.R.Crim.P. 30(a), (b); State v. Cravens, 764 S.W.2d 754 (Tenn.1989); State v. Haynes, 720 S.W.2d 76, 84-85 (Tenn.Crim.App.1986); Bolton v. State, 591 S.W.2d 446 (Tenn.Crim.App.1979).

12
State v. Garrisongreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020The instruction given was a correct and complete jury charge, see State v. Garrison, 40 S.W.3d 426, 432 (Tenn. 2000), and contained no statement which was inaccurate, inapplicable, or confusing, see State v. Hatcher, 310 S.W.3d 788, 812 (Tenn. 2010).

11
State v. Hatchergreen
tenn · 2010 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020The instruction given was a correct and complete jury charge, see State v. Garrison, 40 S.W.3d 426, 432 (Tenn. 2000), and contained no statement which was inaccurate, inapplicable, or confusing, see State v. Hatcher, 310 S.W.3d 788, 812 (Tenn. 2010).

11
State v. MacKeygreen
tenncrimapp · 1982 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019See State v. Mackey, 638 S.W.2d 830, 836 (Tenn. Crim. App. 1982) (stating that Tennessee Rule of Criminal Procedure Rule 30(a) “envisions that such requests be made in writing” and an oral request for a jury instruction is not sufficient for an appellate court to find that a trial court erred by refusing to give the instruction.) An appellate court may consider a request for jury instruction waived when not made in writing.

11
State v. Leachgreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012“In determining whether instructions are erroneous, th[e] Court must review the charge in its entirety and read it as a whole.” State v. Leach, 148 S.W.3d 42, 58 (Tenn. 2004).

11
State v. Manngreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004“Where the trial court’s instructions on a matter are proper, its denial of a special request is not error.” State v. Vann, 976 S.W.2d 93, 114 (Tenn. 1998); see also State v. Mann, 959 S.W.2d 503, 521 (Tenn. 1997).

11
Sloan v. Stategreen
tenncrimapp · 1978 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Special Jury Instruction Third, the Appellant argues that the “trial judge erred in refusing to grant the defendant’s special request for instruction.” He contends that the trial court’s jury instruction on identity pursuant to State v. Dyle, 899 S.W.2d 607, 612 (Tenn. 1995), did “not adequately cover [his] theory as to the suggestiveness of the identification procedure, and therefore, was inadequate.” The Appellant based upon Sloan v. State, 584 S.W.2d 461, 468-470 (Tenn. Crim.

11
State v. Dylegreen
tenn · 1995 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Special Jury Instruction Third, the Appellant argues that the “trial judge erred in refusing to grant the defendant’s special request for instruction.” He contends that the trial court’s jury instruction on identity pursuant to State v. Dyle, 899 S.W.2d 607, 612 (Tenn. 1995), did “not adequately cover [his] theory as to the suggestiveness of the identification procedure, and therefore, was inadequate.” The Appellant based upon Sloan v. State, 584 S.W.2d 461, 468-470 (Tenn. Crim.

11
Rowan v. Stategreen
tenn · 1963 · cited in 1 Tennessee opinions naming this issue, 1974–1974
2 sentences

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

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 (8)

CaseCitedYears
State v. Cozart red
tenn · 2001
2 sentences

2011Id.

2009Id.

32005–2011
State v. Anderson green
tenncrimapp · 1997
1 sentence

2006Anderson, 985 S.W.2d at 17 .

12006–2006
Bolton v. State green
tenncrimapp · 1979
1 sentence

2000See Tenn.R.Crim.P. 30(a), (b); State v. Cravens, 764 S.W.2d 754 (Tenn.1989); State v. Haynes, 720 S.W.2d 76, 84-85 (Tenn.Crim.App.1986); Bolton v. State, 591 S.W.2d 446 (Tenn.Crim.App.1979).

12000–2000
State v. Norris green
tenncrimapp · 1993
1 sentence

1998Id.

11998–1998
State v. Copeland green
tenncrimapp · 1984
1 sentence

1997Id.

11997–1997
Hancock v. State green
tenncrimapp · 1968
2 sentences

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

11974–1974
Butler v. State neutral
tenn · 1948
2 sentences

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

1974See Rowan v. State, 212 Tenn. 224 , 369 S.W.2d 543 ; Butler v. State, 185 Tenn. 686 , 207 S.W.2d 584 ; Hancock v. State, 1 Tenn.Cr.App. 116, 430 S.W.2d 892 .

11974–1974
Coffin v. United States green
scotus · 1895
2 sentences

1935Referring to the treatment of presumption by Thayer, Treatise on Evidence, 314, Appendix B, p. 551, and 5 Wigmore on Evidence (2 Ed.), p. 505, as criticizing Coffin v. United States, 156 U. S., 432 , 15 S. Ct., 394 , 39 L.

1935Referring to the treatment of presumption by Thayer, Treatise on Evidence, 314, Appendix B, p. 551, and 5 Wigmore on Evidence (2 Ed.), p. 505, as criticizing Coffin v. United States, 156 U. S., 432 , 15 S. Ct., 394 , 39 L.

11935–1935

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-202 (14) TN § Tenn. Code Ann. § 39-11-302 (6) TN § Tenn. Code Ann. § 40-35-114 (6) TN § Tenn. Code Ann. § 40-18-110 (5) TN § Tenn. Code Ann. § 40-35-103 (5) TN § Tenn. Code Ann. § 39-11-402 (4) TN § Tenn. Code Ann. § 39-13-501 (4) TN § Tenn. Code Ann. § 40-35-210 (4) TN § Tenn. Code Ann. § 39-11-106 (3) TN § Tenn. Code Ann. § 39-13-210 (3) TN § Tenn. Code Ann. § 40-35-113 (3) TN § Tenn. Code Ann. § 40-35-115 (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

TN 32 (1935–2020) NC 7 (1974–2014)

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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