defendant contends waiver in Tennessee

21 Tennessee opinions name it 3 courts 1975–2016 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 (9)

Case	Followed	Cited
Wilson v. Stategreen tenncrimapp · 1978 · cited in 2 Tennessee opinions naming this issue, 1993–1994 2 sentences 1994Wilson v. State, 574 S.W.2d 52, 55 (Tenn.Crim.App.1978). 1993Wilson v. State, 574 S.W.2d 52, 55 (Tenn.Crim.App.1978).	2	2
State v. Greengreen tenncrimapp · 1998 · cited in 1 Tennessee opinions naming this issue, 2016–2016 1 sentence 2016Contrary to the Defendant‟s argument, “the failure of law enforcement officials to inform a suspect of all the possible subjects of interrogation is not relevant to determining whether the suspect voluntarily, knowingly, and intelligently waived his or her Fifth Amendment privilege.” State v. Green, 995 S.W.2d 591, 600 (Tenn. Crim.	1	1
State v. Burtongreen tenncrimapp · 1988 · cited in 1 Tennessee opinions naming this issue, 2016–2016 1 sentence 2016The law on a motion for severance includes that “[t]he grant or denial of a motion for severance of defendants is a matter that rests within the sound discretion of the trial court, and [the reviewing court] will not disturb the trial court‟s ruling absent clear abuse of that discretion.” State v. Dotson, 254 S.W.3d 378, 390 (Tenn. 2008) (citing Hunter v. State, 440 S.W.2d 1, 6 (Tenn. 1969); State v. Burton, 751 S.W.2d 440, 447 (Tenn. Crim.	1	1
Hunter v. Stategreen tenn · 1969 · cited in 1 Tennessee opinions naming this issue, 2016–2016 1 sentence 2016The law on a motion for severance includes that “[t]he grant or denial of a motion for severance of defendants is a matter that rests within the sound discretion of the trial court, and [the reviewing court] will not disturb the trial court‟s ruling absent clear abuse of that discretion.” State v. Dotson, 254 S.W.3d 378, 390 (Tenn. 2008) (citing Hunter v. State, 440 S.W.2d 1, 6 (Tenn. 1969); State v. Burton, 751 S.W.2d 440, 447 (Tenn. Crim.	1	1
State v. Dotsongreen tenn · 2008 · cited in 1 Tennessee opinions naming this issue, 2016–2016 1 sentence 2016The law on a motion for severance includes that “[t]he grant or denial of a motion for severance of defendants is a matter that rests within the sound discretion of the trial court, and [the reviewing court] will not disturb the trial court‟s ruling absent clear abuse of that discretion.” State v. Dotson, 254 S.W.3d 378, 390 (Tenn. 2008) (citing Hunter v. State, 440 S.W.2d 1, 6 (Tenn. 1969); State v. Burton, 751 S.W.2d 440, 447 (Tenn. Crim.	1	1
Moran v. Burbinegreen scotus · 1986 · cited in 1 Tennessee opinions naming this issue, 2013–2013 1 sentence 2013In Moran v. Burbine, 475 U.S. 412, 417 (1986), an attorney contacted by the defendant’s sister regarding an unrelated burglary had called the police station where he was held and informed police she was acting as his counsel.	1	1
State v. Dentonred tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 2013–2013 1 sentence 2013The Defendant contends this standard is “stricter” that the one previously employed in Tennessee pursuant to State v. Denton, 938 S.W.2d 373, 378 (Tenn. 1996).	1	1
State v. Bellgreen tenncrimapp · 1985 · cited in 1 Tennessee opinions naming this issue, 1997–1997 1 sentence 1997Benton, 759 S.W.2d at 432 ; State v. Bell, 690 S.W.2d 879, 882 (Tenn. Crim.	1	1
State v. Dicksgreen tenn · 1981 · cited in 1 Tennessee opinions naming this issue, 1994–1994 1 sentence 1994In State v. Dicks, 615 S.W.2d 126, 129 (Tenn.), cert. denied, 454 U.S. 933 , 102 S.Ct. 431 , 70 L.Ed.2d 240 (1981), our supreme court stated that a jury was not entitled to draw any inferences favorable to either party from the decision of a witness to exercise a constitutional privilege against testifying.	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (15)

Case	Cited	Years
State v. Blackstock green tenn · 2000 2 sentences 2010Blackstock, 19 S.W.3d at 208 . 2008Blackstock, 19 S.W.3d at 208 .	7	2001–2010
State v. Stephenson red tenn · 1994 1 sentence 2011Id.	1	2011–2011
Blakely v. Washington green scotus · 2004 1 sentence 1999On appeal, the defendant contends that the rule announced in Blakely v. Washington, 542 U.S. __ , 124 S. Ct. 2531 (2004), prohibits a trial court from making the necessary factual findings under State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995), in order to impose consecutive sentencing.	1	1999–1999
State v. Wilkerson green tenn · 1995 1 sentence 1999On appeal, the defendant contends that the rule announced in Blakely v. Washington, 542 U.S. __ , 124 S. Ct. 2531 (2004), prohibits a trial court from making the necessary factual findings under State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995), in order to impose consecutive sentencing.	1	1999–1999
State v. Dyle green tenn · 1995 2 sentences 1998Id. at 612 . 1998Id. at 612 .	1	1998–1998
State v. Benton green tenncrimapp · 1988 1 sentence 1997Benton, 759 S.W.2d at 432 ; State v. Bell, 690 S.W.2d 879, 882 (Tenn. Crim.	1	1997–1997
Fierro v. MacDougall green scotus · 1981 1 sentence 1994In State v. Dicks, 615 S.W.2d 126, 129 (Tenn.), cert. denied, 454 U.S. 933 , 102 S.Ct. 431 , 70 L.Ed.2d 240 (1981), our supreme court stated that a jury was not entitled to draw any inferences favorable to either party from the decision of a witness to exercise a constitutional privilege against testifying.	1	1994–1994
Demps v. Florida green scotus · 1981 1 sentence 1994In State v. Dicks, 615 S.W.2d 126, 129 (Tenn.), cert. denied, 454 U.S. 933 , 102 S.Ct. 431 , 70 L.Ed.2d 240 (1981), our supreme court stated that a jury was not entitled to draw any inferences favorable to either party from the decision of a witness to exercise a constitutional privilege against testifying.	1	1994–1994
Powell v. McDavid green sc · 1915 1 sentence 1994In State v. Dicks, 615 S.W.2d 126, 129 (Tenn.), cert. denied, 454 U.S. 933 , 102 S.Ct. 431 , 70 L.Ed.2d 240 (1981), our supreme court stated that a jury was not entitled to draw any inferences favorable to either party from the decision of a witness to exercise a constitutional privilege against testifying.	1	1994–1994
Judge v. State green tenncrimapp · 1976 1 sentence 1984In support of their respective insistences respecting the effect of this error the State relies upon Anderson v. Nelson, 390 U.S. 523 , 88 S.Ct. 1133 , 20 L.Ed.2d 81 (1968) and Lyons v. State, Tenn.Crim.App., 596 S.W.2d 104 (1980), while the defendant relies upon Anderson v. Nelson, supra, and upon Judge v. State, Tenn.Crim.App., 539 S.W.2d 340 (1976) and Morris v. State, Tenn.Crim.App., 537 S.W.2d 721 (1976).	1	1984–1984
Anderson v. Nelson green scotus · 1968 2 sentences 1984In support of their respective insistences respecting the effect of this error the State relies upon Anderson v. Nelson, 390 U.S. 523 , 88 S.Ct. 1133 , 20 L.Ed.2d 81 (1968) and Lyons v. State, Tenn.Crim.App., 596 S.W.2d 104 (1980), while the defendant relies upon Anderson v. Nelson, supra, and upon Judge v. State, Tenn.Crim.App., 539 S.W.2d 340 (1976) and Morris v. State, Tenn.Crim.App., 537 S.W.2d 721 (1976). 1984In support of their respective insistences respecting the effect of this error the State relies upon Anderson v. Nelson, 390 U.S. 523 , 88 S.Ct. 1133 , 20 L.Ed.2d 81 (1968) and Lyons v. State, Tenn.Crim.App., 596 S.W.2d 104 (1980), while the defendant relies upon Anderson v. Nelson, supra, and upon Judge v. State, Tenn.Crim.App., 539 S.W.2d 340 (1976) and Morris v. State, Tenn.Crim.App., 537 S.W.2d 721 (1976).	1	1984–1984
Morris v. State green tenncrimapp · 1976 1 sentence 1984In support of their respective insistences respecting the effect of this error the State relies upon Anderson v. Nelson, 390 U.S. 523 , 88 S.Ct. 1133 , 20 L.Ed.2d 81 (1968) and Lyons v. State, Tenn.Crim.App., 596 S.W.2d 104 (1980), while the defendant relies upon Anderson v. Nelson, supra, and upon Judge v. State, Tenn.Crim.App., 539 S.W.2d 340 (1976) and Morris v. State, Tenn.Crim.App., 537 S.W.2d 721 (1976).	1	1984–1984
Lyons v. State green tenncrimapp · 1979 1 sentence 1984In support of their respective insistences respecting the effect of this error the State relies upon Anderson v. Nelson, 390 U.S. 523 , 88 S.Ct. 1133 , 20 L.Ed.2d 81 (1968) and Lyons v. State, Tenn.Crim.App., 596 S.W.2d 104 (1980), while the defendant relies upon Anderson v. Nelson, supra, and upon Judge v. State, Tenn.Crim.App., 539 S.W.2d 340 (1976) and Morris v. State, Tenn.Crim.App., 537 S.W.2d 721 (1976).	1	1984–1984
Farris v. State green tenn · 1976 1 sentence 1983The defendant relies upon the case of Farris v. State, 535 S.W.2d 608 (Tenn.1976), to support his contentions.	1	1983–1983
Miller v. State green neb · 1960 2 sentences 1975There being no Oklahoma case on point, the defendant cites Miller v. State, 169 Neb. 737 , 100 N.W.2d 876 (1960). 1975There being no Oklahoma case on point, the defendant cites Miller v. State, 169 Neb. 737 , 100 N.W.2d 876 (1960).	1	1975–1975

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-114 (6) TN § Tenn. Code Ann. § 40-35-401 (6) TN § Tenn. Code Ann. § 39-13-202 (5) TN § Tenn. Code Ann. § 40-35-103 (5) TN § Tenn. Code Ann. § 40-35-113 (5) TN § Tenn. Code Ann. § 40-35-210 (5) TN § Tenn. Code Ann. § 39-13-501 (3) TN § Tenn. Code Ann. § 40-18-110 (3) TN § Tenn. Code Ann. § 40-35-102 (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

NY 83 (1884–2025) IL 33 (1930–2025) MA 24 (1842–2025) TN 21 (1975–2016) CT 20 (1950–2022) NC 19 (1943–1999) CA 13 (1914–2026) LA 10 (1944–2015) NH 9 (1986–2018) NE 9 (1905–1973) OK 8 (1924–1979) GA 7 (1951–1985) OR 6 (1939–1981) MO 6 (1905–1986) MI 5 (1971–2023) WI 5 (1949–1994) RI 5 (1987–2021) IN 4 (1978–2000) KS 4 (1919–1996) FL 3 (2011–2018) IA 3 (1929–1969) CO 3 (1973–2003) OH 2 (1947–1979) VA 2 (2000–2006) NJ 2 (1998–2026) DE 2 (1938–1981) WA 2 (1963–1990) AL 2 (1953–1997)

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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