31 Tennessee opinions name it 4 courts 1907–2017 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.
| Case | Followed | Cited |
|---|---|---|
Luther v. Comptongreen2 sentences2016Luther v. Compton, 5 S.W.3d 635, 639 (Tenn. 1999). 2002Luther v. Compton, 5 S.W.3d 635, 639 (Tenn.1999); Byrd v. Hall, 847 S.W.2d at 215 ; Chambers v. City of Chattanooga, 71 S.W.3d 281, 284 (Tenn.Ct.App.2001). | 4 | 4 |
Chambers v. City of Chattanoogagreen2 sentences2002Luther v. Compton, 5 S.W.3d 635, 639 (Tenn.1999); Byrd v. Hall, 847 S.W.2d at 215 ; Chambers v. City of Chattanooga, 71 S.W.3d 281, 284 (Tenn.Ct.App.2001). 2000Luther v. Compton, 5 S.W.3d 635, 639 (Tenn. 1999); Byrd v. Hall, 847 S.W.2d at 215 ; Chambers v. City of Chattanooga, 71 S.W.3d 281, 284 (Tenn. Ct. App. 2001). -4- III. | 3 | 3 |
Summers v. Stategreen2 sentences2014To satisfy the procedural requirements for habeas corpus relief and to avert a summary dismissal, the petitioner must make the enumerated showings “with pertinent documents from the record of the underlying proceedings.” Summers v. State, 212 S.W.3d 251, 262 (Tenn. 2007). 2014To satisfy the procedural requirements for habeas corpus relief and to avert a summary dismissal, the petitioner must make the enumerated showings “with -3 pertinentdocuments from the recordoftheunderlying proceedings.” Summers v. State, 212 S.W.3d 251, 262 (Tenn. 2007). | 2 | 2 |
State v. Zirklegreen2 sentences2004State v. Zirkle, 910 S.W.2d 874, 892 (Tenn.Crim.App.1995). 2004State v. Zirkle, 910 S.W.2d 874, 892 (Tenn.Crim.App.1995). | 2 | 2 |
Otis v. Cambridge Mutual Fire Insurance Co.green2 sentences2013“However, the trial court may decline to give a special instruction when the substance of the instruction is covered in the general charge.” Id. 2013In instructing a jury, “the trial court may decline to give a special instruction when the substance of the instruction is covered in the general charge.” Pomeroy, 2005 WL 1217590 , at *3; see also Otis, 850 S.W.2d at 439 . | 1 | 4 |
Brimmer v. Stategreen1 sentence2017Brimmer v. State, 29 S.W.3d 497, 530 (Tenn. Crim. | 1 | 1 |
Christopher v. Consolidation Coal Co.green1 sentence2016Coal Co., 440 S.W.2d 281, 284 (Tenn. 1969). | 1 | 1 |
Godbee v. Dimickgreen1 sentence2013“The fact that a special request for jury instruction asserts a correct rule of law does not make it proper jury charge material.” Godbee v. Dimick, 213 S.W.3d 865, 881 (Tenn. Ct. App. 2006). | 1 | 1 |
Rounsaville v. Evattgreen1 sentence2012See Rounsaville v. Evatt, 733 S.W.2d 506, 509 (Tenn. 1987). 18 While the 1978 version of Rule 11 of the Tennessee Rules of Criminal Procedure is formatted somewhat differently than the current form, the substance of the rule is largely unchanged. 19 Shortly after Mackey, the Tennessee Rules of Criminal Procedure were adopted. | 1 | 1 |
Kimmelman v. Morrisongreen2 sentences2010A determination as to the substance of a claim is essential to the determination of whether counsel’s failure to raise an issue on direct appeal amounted to deficient performance or that counsel’s failure to raise this issue prejudiced the appellant.5 See Kimmelman v. Morrison, 477 U.S. 365, 375 , 106 S.Ct. 2574, 2583 (1986) (to prevail on ineffectiveness claim involving counsel’s failure to raise legal issue on appeal, defendant must show that issue has merit.). 2010A determination as to the substance of a claim is essential to the determination of whether counsel’s failure to raise an issue on direct appeal amounted to deficient performance or that counsel’s failure to raise this issue prejudiced the appellant.5 See Kimmelman v. Morrison, 477 U.S. 365, 375 , 106 S.Ct. 2574, 2583 (1986) (to prevail on ineffectiveness claim involving counsel’s failure to raise legal issue on appeal, defendant must show that issue has merit.). | 1 | 1 |
State v. Blackmongreen1 sentence2010As is generally the case, “[i]n order for a waiver of a constitutionally granted right to be valid, it must be voluntarily, knowingly, and intelligently given.” State v. Blackmon, 984 S.W.2d 589, 591 (Tenn. 1998) (quotation marks omitted). | 1 | 1 |
State v. Elygreen1 sentence2002Burns, 6 S.W.3d at 467 ; see also State v. Ely, 48 S.W.3d 710, 720 (Tenn. 2001)(noting that, although defendant was not specifically charged with criminal responsibility for the conduct of another, “part (c) of the Burns test expressly states that facilitation of the charged offense is a lesser-included offense of the charged offense”), cert. denied, __ U.S. __, 122 S. Ct. 408 (2001). | 1 | 1 |
Sesma-Hernandez v. United Statesgreen1 sentence2002Burns, 6 S.W.3d at 467 ; see also State v. Ely, 48 S.W.3d 710, 720 (Tenn. 2001)(noting that, although defendant was not specifically charged with criminal responsibility for the conduct of another, “part (c) of the Burns test expressly states that facilitation of the charged offense is a lesser-included offense of the charged offense”), cert. denied, __ U.S. __, 122 S. Ct. 408 (2001). | 1 | 1 |
Ingram v. Earthmangreen1 sentence2001Ingram v. Earthman, 993 S.W.2d 611, 636 (Tenn. Ct. App. 1998), perm. app. denied March 22, 1999, cert. denied 528 U.S. 986 (1999). | 1 | 1 |
Miller v. Stategreen1 sentence1999Miller v. State, 584 S.W.2d 758, 762 (Tenn. 1979). | 1 | 1 |
Renner v. Stategreen2 sentences1979See Renner v. State, 187 Tenn. 647 , 216 S.W.2d 345 (1948). 1979See Renner v. State, 187 Tenn. 647 , 216 S.W.2d 345 (1948). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Byrd v. Hall
green
2 sentences2002Luther v. Compton, 5 S.W.3d 635, 639 (Tenn.1999); Byrd v. Hall, 847 S.W.2d at 215 ; Chambers v. City of Chattanooga, 71 S.W.3d 281, 284 (Tenn.Ct.App.2001). 2000Luther v. Compton, 5 S.W.3d 635, 639 (Tenn. 1999); Byrd v. Hall, 847 S.W.2d at 215 ; Chambers v. City of Chattanooga, 71 S.W.3d 281, 284 (Tenn. Ct. App. 2001). -4- III. | 3 | 1999–2002 |
Woods v. Sherwin-Williams Co.
green
2 sentences2010Id., quoting McCroskey v. Bryant Air Conditioning Company, 524 S.W.2d 487 (Tenn.1975). 2009Id., quoting McCroskey v. Bryant Air Conditioning Company, 524 S.W.2d 487 (Tenn.1975). | 2 | 2009–2010 |
McCroskey v. Bryant Air Conditioning Company
green
2 sentences2010Id., quoting McCroskey v. Bryant Air Conditioning Company, 524 S.W.2d 487 (Tenn.1975). 2009Id., quoting McCroskey v. Bryant Air Conditioning Company, 524 S.W.2d 487 (Tenn.1975). | 2 | 2009–2010 |
Tennessee Electric Power Co. v. Sims
green
2 sentences1956“The substance of the rule laid down in the above case seems to be that almost any harm from electricity which could humanly have been avoided would render the company liable in damages.” (Emphasis ours.) Tennessee Electric Power Co. v. Sims, 21 Tenn. App. 233, 236 , 108 S. W. (2d) 801, 803 . 1956“The substance of the rule laid down in the above case seems to be that almost any harm from electricity which could humanly have been avoided would render the company liable in damages.” (Emphasis ours.) Tennessee Electric Power Co. v. Sims, 21 Tenn. App. 233, 236 , 108 S. W. (2d) 801, 803 . | 2 | 1955–1956 |
State Farm Mutual Automobile Insurance Co. v. Farmers Insurance Group
green
1 sentence2013State Farm, 569 P.2d at 1262 . | 1 | 2013–2013 |
Jesse v. Savings Products
green
2 sentences2007Similarly, in Beck v. State, 779 S.W.2d 367 (Tenn.1989), we applied the substance of the doctrine to hold that a random assault upon a driver’s license examiner, which occurred in her employer’s parking lot, arose out of her employment, although we did not use the term “street risk.” Id. at 371 (citing Jesse, 772 S.W.2d at 427 ). 2007The assailant in Beck came to the claimant’s place of employment and inquired: “Where is that mean old [claimant]?” Id. at 368 . | 1 | 2007–2007 |
Beck v. State
green
2 sentences2007Similarly, in Beck v. State, 779 S.W.2d 367 (Tenn.1989), we applied the substance of the doctrine to hold that a random assault upon a driver’s license examiner, which occurred in her employer’s parking lot, arose out of her employment, although we did not use the term “street risk.” Id. at 371 (citing Jesse, 772 S.W.2d at 427 ). 2007Similarly, in Beck v. State, 779 S.W.2d 367 (Tenn.1989), we applied the substance of the doctrine to hold that a random assault upon a driver’s license examiner, which occurred in her employer’s parking lot, arose out of her employment, although we did not use the term “street risk.” Id. at 371 (citing Jesse, 772 S.W.2d at 427 ). | 1 | 2007–2007 |
State v. Burns
green
1 sentence2002Burns, 6 S.W.3d at 467 ; see also State v. Ely, 48 S.W.3d 710, 720 (Tenn. 2001)(noting that, although defendant was not specifically charged with criminal responsibility for the conduct of another, “part (c) of the Burns test expressly states that facilitation of the charged offense is a lesser-included offense of the charged offense”), cert. denied, __ U.S. __, 122 S. Ct. 408 (2001). | 1 | 2002–2002 |
Amalgamated Transit Union v. Niehaus
green
1 sentence2001Ingram v. Earthman, 993 S.W.2d 611, 636 (Tenn. Ct. App. 1998), perm. app. denied March 22, 1999, cert. denied 528 U.S. 986 (1999). | 1 | 2001–2001 |
Tennessee Products & Chemical Corp. v. Reeves
green
2 sentences1969The closest case to the one at bar that this Court has rendered, is that of Tennessee Products and Chemical Corp. v. Reeves, as found in 220 Tenn. 148 , 415 S.W.2d 118 , where this Court reviews many of the cases on the subject and arrives at the conclusion that the rule in Tennessee is this: “It results before the statute of limitations in occupational disease cases begins to run there must be: First, an incapacity for work; Second, either actual or constructive knowledge an occupational disease is the cause of the incapacity for work. 1969The closest case to the one at bar that this Court has rendered, is that of Tennessee Products and Chemical Corp. v. Reeves, as found in 220 Tenn. 148 , 415 S.W.2d 118 , where this Court reviews many of the cases on the subject and arrives at the conclusion that the rule in Tennessee is this: “It results before the statute of limitations in occupational disease cases begins to run there must be: First, an incapacity for work; Second, either actual or constructive knowledge an occupational disease is the cause of the incapacity for work. | 1 | 1969–1969 |
Whirley v. Whiteman
green
2 sentences1962A particularly apt commentary thereon and an excellent statement was made a hundred years ago by Judge McKinney in Whirley v. Whiteman, 38 Tenn. 610 , at page 616. 1962A particularly apt commentary thereon and an excellent statement was made a hundred years ago by Judge McKinney in Whirley v. Whiteman, 38 Tenn. 610 , at page 616. | 1 | 1962–1962 |
Rogers v. City of Chattanooga
green
2 sentences1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn.App. 493 ; International Harvester Co. v. Sartain, 32 Tenn.App. 425 , 222 S.W.2d 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S.W.2d 947 ; Rogers v. City of Chattanooga, Tenn.App. 281 S.W.2d 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). 1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn. App. 493 ; International Harvester Co. v. Sartain, 32 Tenn. App. 425 , 222 S. W. (2d) 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S. W. (2d) 947 ; Rogers v. City of Chattanooga, Tenn. App. 281 S. W. (2d) 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). | 1 | 1956–1956 |
| City of Lawrenceburg v. Dyer green | 1 | 1956–1956 |
Osborne v. Tennessee Electric Power Co.
green
2 sentences1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn. App. 493 ; International Harvester Co. v. Sartain, 32 Tenn. App. 425 , 222 S. W. (2d) 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S. W. (2d) 947 ; Rogers v. City of Chattanooga, Tenn. App. 281 S. W. (2d) 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). 1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn. App. 493 ; International Harvester Co. v. Sartain, 32 Tenn. App. 425 , 222 S. W. (2d) 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S. W. (2d) 947 ; Rogers v. City of Chattanooga, Tenn. App. 281 S. W. (2d) 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). | 1 | 1956–1956 |
International Harvester Co. v. Sartain
green
2 sentences1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn. App. 493 ; International Harvester Co. v. Sartain, 32 Tenn. App. 425 , 222 S. W. (2d) 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S. W. (2d) 947 ; Rogers v. City of Chattanooga, Tenn. App. 281 S. W. (2d) 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). 1956Other Tennessee cases dealing with liability of electric power companies, which we think are consistent with this opinion, are: City of Lawrenceburg v. Dyer, 11 Tenn. App. 493 ; International Harvester Co. v. Sartain, 32 Tenn. App. 425 , 222 S. W. (2d) 854 ; Osborne v. Tenn. Electric Power Co., 158 Tenn. 278 , 12 S. W. (2d) 947 ; Rogers v. City of Chattanooga, Tenn. App. 281 S. W. (2d) 504 , and Kingsport Utilities Inc. v. Lawrence Brown, decided by Tennessee Court of Appeals (Eastern Section) December 23, 1954 (not yet reported). | 1 | 1956–1956 |
| Wise v. Morgan green | 1 | 1915–1915 |
| Felton v. Clarkson neutral | 1 | 1907–1907 |
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.