evidence supports instruction (Tennessee) · Go Syfert
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evidence supports instruction in Tennessee

24 Tennessee opinions name it 3 courts 1999–2025 3 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 (8)

CaseFollowedCited
State v. Allengreen
tenn · 2002 · cited in 16 Tennessee opinions naming this issue, 1999–2016
2 sentences

2002Additionally, the defendant maintains that the trial court’s failure to instruct the jury on facilitation of especially aggravated robbery was reversible error under the authority of Allen, 69 S.W.3d at 191-92 , 6 and State v. Flemming, 19 S.W.3d 195, 200 (Tenn.2000). 7 While it is true that both Allen and Flemming stand for the proposition that failure to instruct on facilitation of an offense is reversible error where the evidence supports the instruction, the erroneous failure to instruct on facilitation is not always reversible.

1999In other words, “the Burns analysis does not preclude finding that the same evidence supports an instruction on both the greater offense and the lesser offense.” Id.

1116
State of Tennessee v. Linnell Richmondgreen
tenn · 2002 · cited in 2 Tennessee opinions naming this issue, 2008–2010
2 sentences

2010State v. Richmond, 90 S.W.3d 648, 660 (Tenn. 2002).

2008State v. Richmond, 90 S.W.3d 648, 660 (Tenn. 2002).

22
In re Glenn Robinson, Esq. (Office of Disciplinary Counsel)green
vt · 2019 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022See Beecher, 224 P.3d at 450 (stating that the lawyer’s subjective belief there was no conflict was unreasonable); Robinson, 209 A.3d at 575 (holding that the lawyer violated Vermont Rule of Professional Conduct 1.7 even though he did not think his sexual relationship with his client presented a conflict of interest).

11
People v. Beechergreen
colo · 2009 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022See Beecher, 224 P.3d at 450 (stating that the lawyer’s subjective belief there was no conflict was unreasonable); Robinson, 209 A.3d at 575 (holding that the lawyer violated Vermont Rule of Professional Conduct 1.7 even though he did not think his sexual relationship with his client presented a conflict of interest).

11
Jackson v. Virginiared
scotus · 1979 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021In determining the sufficiency of the evidence, the standard of review is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979); see State v. Vasques, 221 S.W.3d 514, 521 (Tenn. 2007).

11
State v. Vasquesgreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021In determining the sufficiency of the evidence, the standard of review is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 (1979); see State v. Vasques, 221 S.W.3d 514, 521 (Tenn. 2007).

11
State Ex Rel. Tipton v. City of Knoxvillegreen
tennctapp · 2006 · cited in 1 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010Tipton v. City of Knoxville, 205 S.W.3d 456, 462 (Tenn.Ct.App.2006).

2010Tipton v. City of Knoxville, 205 S.W.3d 456, 462 (Tenn.Ct.App.2006).

11
State v. Flemminggreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Additionally, the defendant maintains that the trial court’s failure to instruct the jury on facilitation of especially aggravated robbery was reversible error under the authority of Allen, 69 S.W.3d at 191-92 , 6 and State v. Flemming, 19 S.W.3d 195, 200 (Tenn.2000). 7 While it is true that both Allen and Flemming stand for the proposition that failure to instruct on facilitation of an offense is reversible error where the evidence supports the instruction, the erroneous failure to instruct on facilitation is not always reversible.

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 (2)

CaseCitedYears
State v. Burns green
tenn · 1999
2 sentences

2010When an issue is raised regarding the trial court’s failure to instruct on a lesser included offense, our analysis typically involves a determination of: (1) whether the offense is a lesser included offense under the test adopted in State v. Burns, 6 S.W.3d 453 (Tenn. 1999); (2) whether the evidence supports an instruction on the lesser included offense; and (3) whether the failure to instruct on the lesser included offense constitutes harmless error.

2008When an issue is raised regarding the trial court’s failure to instruct on a lesser included offense, our analysis typically involves a determination of: (1) whether the offense is a lesser included offense under the test adopted in State v. Burns, 6 S.W.3d 453 (Tenn. 1999); (2) whether the evidence supports an instruction on the lesser included offense; and (3) whether the failure to instruct on the lesser included offense constitutes harmless error.

132002–2010
Hurd v. Woolfork green
tennctapp · 1997
1 sentence

2025But “the execution of arrest warrants . . . is a public duty.” Woolfork, 959 S.W.2d at 581 .

12025–2025

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-18-110 (11) TN § Tenn. Code Ann. § 39-11-402 (8) TN § Tenn. Code Ann. § 40-35-401 (8) TN § Tenn. Code Ann. § 39-11-302 (7) TN § Tenn. Code Ann. § 39-11-403 (7) TN § Tenn. Code Ann. § 40-35-114 (7) TN § Tenn. Code Ann. § 39-11-106 (5) TN § Tenn. Code Ann. § 39-13-210 (5) TN § Tenn. Code Ann. § 39-13-401 (5) TN § Tenn. Code Ann. § 39-13-402 (5) TN § Tenn. Code Ann. § 39-17-417 (4) TN § Tenn. Code Ann. § 40-35-210 (4)

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

NY 44 (1983–2023) TX 39 (1885–2026) IN 30 (1983–2019) CA 29 (1948–2024) MI 28 (1982–2026) AZ 25 (1970–2025) TN 24 (1999–2025) WA 23 (1993–2022) NC 17 (1976–2023) IL 15 (1921–2025) OH 13 (1999–2026) MS 13 (2005–2025) MO 13 (1917–2024) ID 11 (1956–2020) CO 8 (1983–2025) FL 8 (1970–2016) PA 7 (1981–2025) OK 5 (1973–2016) AL 5 (2000–2015) NM 5 (1989–2019) ND 4 (1988–2013) MA 4 (1975–2017) VT 4 (2006–2026) WY 3 (1998–2010) CT 3 (1980–2002) GA 3 (1978–2005) UT 3 (1986–2026) MN 3 (1987–2025) LA 2 (2019–2019) NE 2 (1938–2007) WI 2 (1992–1992) SD 2 (2016–2026)

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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