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25 Tennessee opinions name it 3 courts 1977–2025 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.
| Case | Followed | Cited |
|---|---|---|
Trotter v. Stategreen2 sentences2020Manor Care, Inc., 565 S.W.2d 210, 212 (Tenn. 1978); see also Greer v. City of Memphis, 356 S.W.3d 917, 923 (Tenn. Ct. App. 2010). “[T]he same is true of statements made by counsel during the course of a hearing, trial, or argument.” Greer, 356 S.W.3d at 923 (citing Trotter v. State, 508 S.W.2d 808, 809 (Tenn. Crim. 2011Trotter v. State, 508 S.W.2d 808, 809 (Tenn. Crim. | 6 | 6 |
State v. Robertsgreen2 sentences2025See State v. Roberts, 755 S.W.2d 833, 836 (Tenn. Crim. 2021Although it is true that “the statements made by counsel during the course of a hearing, trial, or argument” are not evidence, see State v. Roberts, -28- 755 S.W.2d 833, 836 (Tenn. Crim. | 3 | 3 |
Jordan v. Stategreen2 sentences2020In other words, “the materiality of the suppressed evidence must be evaluated within the context of the entire record.” Jordan v. State, 343 S.W.3d 84, 97 (Tenn. Crim. 2018In other words, “the materiality of the suppressed evidence must be evaluated within the context of the entire record.” Jordan v. State, 343 S.W.3d 84, 97 (Tenn. Crim. | 3 | 3 |
Davis v. Stategreen2 sentences2010Trotter v. State, 508 S.W.2d 808, 809 (Tenn.Crim.App.1974); Davis v. State, 673 S.W.2d 171, 173 (Tenn.Crim.App.1984). 1988Trotter v. State, 508 S.W.2d 808, 809 (Tenn.Crim.App.1974); Davis v. State, 673 S.W.2d 171, 173 (Tenn.Crim.App.1984). | 3 | 3 |
Oakes v. Oakesgreen2 sentences2025He just could not recall “being served with any paperwork before he left Hardeman County Correctional Facility.” His reliance on counsel’s description of the general procedure for serving inmates at the correctional facility to buttress his testimony is misplaced. “[A]rgument and statements of counsel during the course of a hearing are not evidence.” Oakes v. Oakes, 235 S.W.3d 152, 158 (Tenn. Ct. App. 2007). 2015And the parents resided here in Tennessee. 4 As we have previously observed, “statements of counsel during the course of a hearing are not evidence.” Oakes v. Oakes, 235 S.W.3d 152, 158 (Tenn. Ct. App. 2007); Liput v. Grinder, 405 S.W.3d 664, 670 (Tenn. Ct. App. 2013) (“It is well settled that statements of counsel are not evidence.”). 4 Mr. Basista [counsel for Petitioners]: None of that matters, Your Honor. | 2 | 2 |
State v. Lundygreen2 sentences1998This rule has been interpreted to mean that "§ 37-1-127(c) guarantees only that a juvenile's statements taken in violation of § 37-1-115 will not be used against him or her in a proceeding in juvenile court." State v. Lundy, 808 S.W.2d 444, 446 (Tenn. 1991) (citing Coyler v. State, 577 S.W.2d 460, 462 (Tenn. 1979)). 1998This rule has been interpreted to mean that "§ 37-1-127(c) guarantees only that a juvenile's statements taken in violation of § 37-1-115 will not be used against him or her in a proceeding in juvenile court." State v. Lundy, 808 S.W.2d 444, 446 (Tenn. 1991) (citing Coyler v. State, 577 S.W.2d 460, 462 (Tenn. 1979)). | 2 | 2 |
Colyer v. Stategreen2 sentences1998This rule has been interpreted to mean that "§ 37-1-127(c) guarantees only that a juvenile's statements taken in violation of § 37-1-115 will not be used against him or her in a proceeding in juvenile court." State v. Lundy, 808 S.W.2d 444, 446 (Tenn. 1991) (citing Coyler v. State, 577 S.W.2d 460, 462 (Tenn. 1979)). 1998This rule has been interpreted to mean that "§ 37-1-127(c) guarantees only that a juvenile's statements taken in violation of § 37-1-115 will not be used against him or her in a proceeding in juvenile court." State v. Lundy, 808 S.W.2d 444, 446 (Tenn. 1991) (citing Coyler v. State, 577 S.W.2d 460, 462 (Tenn. 1979)). | 2 | 2 |
Hillhaven Corp. v. State Ex Rel. Manor Care, Inc.green1 sentence2020Manor Care, Inc., 565 S.W.2d 210, 212 (Tenn. 1978); see also Greer v. City of Memphis, 356 S.W.3d 917, 923 (Tenn. Ct. App. 2010). “[T]he same is true of statements made by counsel during the course of a hearing, trial, or argument.” Greer, 356 S.W.3d at 923 (citing Trotter v. State, 508 S.W.2d 808, 809 (Tenn. Crim. | 1 | 1 |
Thomas Greer v. City of Memphis, Tennesseegreen2 sentences2020Manor Care, Inc., 565 S.W.2d 210, 212 (Tenn. 1978); see also Greer v. City of Memphis, 356 S.W.3d 917, 923 (Tenn. Ct. App. 2010). “[T]he same is true of statements made by counsel during the course of a hearing, trial, or argument.” Greer, 356 S.W.3d at 923 (citing Trotter v. State, 508 S.W.2d 808, 809 (Tenn. Crim. 2020Manor Care, Inc., 565 S.W.2d 210, 212 (Tenn. 1978); see also Greer v. City of Memphis, 356 S.W.3d 917, 923 (Tenn. Ct. App. 2010). “[T]he same is true of statements made by counsel during the course of a hearing, trial, or argument.” Greer, 356 S.W.3d at 923 (citing Trotter v. State, 508 S.W.2d 808, 809 (Tenn. Crim. | 1 | 1 |
Harris v. Baptist Memorial Hospitalgreen1 sentence2016Inc., No. M2008- 00419-COA-R3-CV, 2009 WL 890870 at *6 (Tenn. Ct. App. Mar. 31, 2009); see also State v. Reid, 164 S.W.3d 286, 343 (Tenn. 2005) (explaining that opening statements “„do not amount to stipulations and certainly are not a substitute for the pleadings or for the evidence.‟” (quoting Harris v. Baptist Mem’l Hosp., 574 S.W.2d 730, 732 (Tenn. 1978)). | 1 | 1 |
State v. Reidgreen1 sentence2016Inc., No. M2008- 00419-COA-R3-CV, 2009 WL 890870 at *6 (Tenn. Ct. App. Mar. 31, 2009); see also State v. Reid, 164 S.W.3d 286, 343 (Tenn. 2005) (explaining that opening statements “„do not amount to stipulations and certainly are not a substitute for the pleadings or for the evidence.‟” (quoting Harris v. Baptist Mem’l Hosp., 574 S.W.2d 730, 732 (Tenn. 1978)). | 1 | 1 |
Richard Liput v. Bobby Grindergreen1 sentence2015And the parents resided here in Tennessee. 4 As we have previously observed, “statements of counsel during the course of a hearing are not evidence.” Oakes v. Oakes, 235 S.W.3d 152, 158 (Tenn. Ct. App. 2007); Liput v. Grinder, 405 S.W.3d 664, 670 (Tenn. Ct. App. 2013) (“It is well settled that statements of counsel are not evidence.”). 4 Mr. Basista [counsel for Petitioners]: None of that matters, Your Honor. | 1 | 1 |
Chappell v. Chappellgreen1 sentence2013No objection or other reservation to proceeding with any aspect of the Juvenile Court proceeding was raised by Father. -10- necessarily found a present ability to pay.” Chappell v. Chappell, 261 S.W.2d 824, 831 (Tenn. Ct. App. 1952) (citing Clark v. Clark, 278 S.W. 65 (Tenn. 1925); Gossett v. Gossett, 241 S.W.2d 934 (Tenn. Ct. App. 1951)). | 1 | 1 |
In Re: The Matter of the Conservatorship of Mittie T. Alexander v. JB Partners, A Tennessee General Partnershipgreen1 sentence2013“It is well settled . . . that a court speaks through its orders and not through the transcript.” Alexander v. JB Partners, 380 S.W.3d 772, 777 (Tenn. Ct. App. 2011), appeal denied (Mar. 7, 2012) (citing Steppach v. Thomas, 346 S.W.3d 488, 522 (Tenn. Ct. App. 2011)). | 1 | 1 |
Steppach v. Thomasgreen1 sentence2013“It is well settled . . . that a court speaks through its orders and not through the transcript.” Alexander v. JB Partners, 380 S.W.3d 772, 777 (Tenn. Ct. App. 2011), appeal denied (Mar. 7, 2012) (citing Steppach v. Thomas, 346 S.W.3d 488, 522 (Tenn. Ct. App. 2011)). | 1 | 1 |
State v. Hamptongreen1 sentence2001See id. at 829 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Spurlock
green
2 sentences2020A reviewing court should evaluate the evidence “‘in light of the totality of the circumstances and with an awareness of the difficulty of reconstructing in a post- trial proceeding the course that the defense and the trial would have taken had the defense’ been made aware of the favorable information.” Spurlock, 874 S.W.2d at 619 (quoting Bagley, 473 U.S. at 683). 2018A reviewing court should evaluate the evidence “‘in light of the totality -11- of the circumstances and with an awareness of the difficulty of reconstructing in a post- trial proceeding the course that the defense and the trial would have taken had the defense’ been made aware of the favorable information.” Spurlock, 874 S.W.2d at 619 (quoting Bagley, 473 U.S. at 683 ). | 3 | 2017–2020 |
United States v. Bagley
green
2 sentences2018A reviewing court should evaluate the evidence “‘in light of the totality -11- of the circumstances and with an awareness of the difficulty of reconstructing in a post- trial proceeding the course that the defense and the trial would have taken had the defense’ been made aware of the favorable information.” Spurlock, 874 S.W.2d at 619 (quoting Bagley, 473 U.S. at 683 ). 2017A reviewing court should evaluate the evidence “„in light of the totality of the circumstances and with an awareness of the difficulty of reconstructing in a post-trial proceeding the course that the defense and the trial would have taken had the defense‟ been made aware of the favorable information.” Spurlock, 874 S.W.2d at 619 (quoting Bagley, 473 U.S. at 683 ). | 3 | 1993–2018 |
Bailey v. Blount County Board of Education
green
1 sentence2024R. & Regs. 0520 -12-04-.05(11) (“The LEA or public charter school shall maintain, for five (5) years, an investigative file containing the complaint, the initiating letter, any interview notes, any electronic or physical evidence obtained, any other notes maintained by the investigator, and a copy of the written determination issued in the matter.” (emphasis added)). 23 be denied on appeal, not merely that he doubts . . . a different decision.” Bailey, 303 S.W.3d at 236 (quoting Cantrell, 121 S.W.3d at 396 n.3) (emphasis added). | 1 | 2024–2024 |
Cantrell v. Walker Die Casting, Inc.
green
1 sentence2024R. & Regs. 0520 -12-04-.05(11) (“The LEA or public charter school shall maintain, for five (5) years, an investigative file containing the complaint, the initiating letter, any interview notes, any electronic or physical evidence obtained, any other notes maintained by the investigator, and a copy of the written determination issued in the matter.” (emphasis added)). 23 be denied on appeal, not merely that he doubts . . . a different decision.” Bailey, 303 S.W.3d at 236 (quoting Cantrell, 121 S.W.3d at 396 n.3) (emphasis added). | 1 | 2024–2024 |
State v. Vaughan
green
1 sentence2021App. 1988), this court has previously held that “a cross- examination in extensive detail about a witness’s prior statement is tantamount to an introduction of the statement,” State v. Vaughan, 144 S.W.3d 391 , 408 n.2 (Tenn. Crim. | 1 | 2021–2021 |
Texas Department of Community Affairs v. Burdine
green
2 sentences2015Analytical Framework for Trial 14 At trial, the trial court was required to apply the familiar McDonnell Douglas/Burdine burden-shifting analysis to the parties’ proof. 15 See Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 257-58 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). 2015Analytical Framework for Trial 14 At trial, the trial court was required to apply the familiar McDonnell Douglas/Burdine burden-shifting analysis to the parties’ proof. 15 See Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 257-58 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). | 1 | 2015–2015 |
McDonnell Douglas Corp. v. Green
green
2 sentences2015Analytical Framework for Trial 14 At trial, the trial court was required to apply the familiar McDonnell Douglas/Burdine burden-shifting analysis to the parties’ proof. 15 See Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 257-58 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). 2015Analytical Framework for Trial 14 At trial, the trial court was required to apply the familiar McDonnell Douglas/Burdine burden-shifting analysis to the parties’ proof. 15 See Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 257-58 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). | 1 | 2015–2015 |
Gossett v. Gossett
green
1 sentence2013No objection or other reservation to proceeding with any aspect of the Juvenile Court proceeding was raised by Father. -10- necessarily found a present ability to pay.” Chappell v. Chappell, 261 S.W.2d 824, 831 (Tenn. Ct. App. 1952) (citing Clark v. Clark, 278 S.W. 65 (Tenn. 1925); Gossett v. Gossett, 241 S.W.2d 934 (Tenn. Ct. App. 1951)). | 1 | 2013–2013 |
Clark v. Clark
neutral
1 sentence2013No objection or other reservation to proceeding with any aspect of the Juvenile Court proceeding was raised by Father. -10- necessarily found a present ability to pay.” Chappell v. Chappell, 261 S.W.2d 824, 831 (Tenn. Ct. App. 1952) (citing Clark v. Clark, 278 S.W. 65 (Tenn. 1925); Gossett v. Gossett, 241 S.W.2d 934 (Tenn. Ct. App. 1951)). | 1 | 2013–2013 |
Clement v. Stone
green
1 sentence2011The Mississippi statute reads as follows: "A citizen of a state other than the state of Mississippi which levies an income tax shall be exempt from the payment of an income tax on all income received from within the state of Mississippi if the state of which he is a citizen extends the same exemption to a citizen of this state.” Clement, 15 So.2d at 519 (quoting statute). | 1 | 2011–2011 |
Blockburger v. United States
green
2 sentences1977In the course of our analysis of the armed robbery-aggravated assault situation presented by Black , we quoted with approval the test for determining the identity of offenses articulated in Blockburger v. Unit *955 ed States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932): “Each of the offenses created requires proof of a different element. 1977In the course of our analysis of the armed robbery-aggravated assault situation presented by Black , we quoted with approval the test for determining the identity of offenses articulated in Blockburger v. Unit *955 ed States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932): “Each of the offenses created requires proof of a different element. | 1 | 1977–1977 |
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.