inappropriate factors (Tennessee) · Go Syfert
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inappropriate factors in Tennessee

150 Tennessee opinions name it 2 courts 1992–2010 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 (5)

CaseFollowedCited
State v. Sheltongreen
tenncrimapp · 1992 · cited in 148 Tennessee opinions naming this issue, 1996–2010
2 sentences

2010“If the trial court applies inappropriate factors or otherwise fails to follow the 1989 Sentencing Act, the presumption of correctness falls.” State v. Shelton, 854 S.W.2d 116, 123 (Tenn. Crim.

2010“If the trial court applies inappropriate factors or otherwise fails to follow the 1989 Sentencing Act, the presumption of correctness falls.” State v. Shelton, 854 S.W.2d 116, 123 (Tenn. Crim.

147148
State v. Ashbygreen
tenn · 1991 · cited in 2 Tennessee opinions naming this issue, 1992–2004
2 sentences

2004This presumption is “conditioned upon the affirmative showing in the record that the trial court considered the sentencing principles and all relevant facts and circumstances.” State v. Ashby, 823 S.W.2d 166, 169 (Tenn. 1991); see State v. Jones, 883 S.W.2d 597, 600 (Tenn. 1994). “f the trial court applies inappropriate factors or otherwise fails to follow the 1989 Sentencing Act, the presumption of correctness falls.” State v. Shelton, 854 S.W.2d 116, 123 (Tenn. Crim.

1992See State v. Ashby, 823 S.W.2d 166, 169 (Tenn.1991).

22
McCallen v. City of Memphisgreen
tenn · 1990 · cited in 1 Tennessee opinions naming this issue, 2009–2009
1 sentence

2009In its opinion, entered December 17, 2007, the Court of Appeals stated that “[t]he court’s review ... is limited to whether the inferior board or tribunal exceeded its jurisdiction or acted illegally, arbitrarily, or fraudulently.” Davis, 2007 WL 4374028 , at *1 (citing McCallen v. City of Memphis, 786 S.W.2d 633, 640 (Tenn.1990) (addressing the appropriate standard of review of the Memphis City Counsel’s approval of a zoning ordinance)).

11
State v. Jonesgreen
tenn · 1994 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004This presumption is “conditioned upon the affirmative showing in the record that the trial court considered the sentencing principles and all relevant facts and circumstances.” State v. Ashby, 823 S.W.2d 166, 169 (Tenn. 1991); see State v. Jones, 883 S.W.2d 597, 600 (Tenn. 1994). “f the trial court applies inappropriate factors or otherwise fails to follow the 1989 Sentencing Act, the presumption of correctness falls.” State v. Shelton, 854 S.W.2d 116, 123 (Tenn. Crim.

11
State v. Pricegreen
tenncrimapp · 2000 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001App. 1992); see also State v. Price, 46 S.W.3d 785, 819 (Tenn. Crim.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-401 (145) TN § Tenn. Code Ann. § 40-35-102 (141) TN § Tenn. Code Ann. § 40-35-114 (108) TN § Tenn. Code Ann. § 40-35-210 (97) TN § Tenn. Code Ann. § 40-35-113 (61) TN § Tenn. Code Ann. § 40-35-103 (60) TN § Tenn. Code Ann. § 40-35-115 (49) TN § Tenn. Code Ann. § 40-35-303 (45) TN § Tenn. Code Ann. § 40-35-112 (28) TN § Tenn. Code Ann. § 40-36-106 (26) TN § Tenn. Code Ann. § 39-11-106 (19) TN § Tenn. Code Ann. § 40-36-103 (18)

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 150 (1992–2010) CA 18 (1967–2025) VA 10 (1994–2026) IN 10 (2005–2019) MI 8 (1996–2021) PA 7 (1998–2024) OH 7 (1996–2021) KY 7 (2016–2025) NY 7 (1983–2025) IL 6 (1973–2026) TX 6 (1986–2025) CO 6 (1994–2025) MT 5 (1992–2013) AZ 5 (1989–2022) MS 5 (1995–2008) FL 5 (1992–2001) CT 4 (1976–1994) MD 3 (2008–2013) LA 3 (1985–2012) GA 3 (1983–2023) NE 3 (1992–2026) NM 3 (1985–1995) WI 3 (1994–2008) WA 3 (1993–2020) IA 2 (1998–2022) WY 2 (1985–1992) UT 2 (1994–2001) MO 2 (1984–1995) NJ 2 (1998–2017) NC 2 (1993–2001) NV 2 (1979–1992) AK 2 (1970–1981)

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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