Bums test (Tennessee) · Go Syfert
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Bums test in Tennessee

20 Tennessee opinions name it 2 courts 2000–2016 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 (12)

CaseFollowedCited
State v. Burnsgreen
tenn · 1999 · cited in 13 Tennessee opinions naming this issue, 2000–2016
2 sentences

2016Part (b) of the Bums test requires that the elements of the lesser-included offense be included in the elements of the charged offense, except to the extent that the lesser-included offense “contains a statutory element or elements establishing (1) a different mental state indicating a lesser kind of culpability; and/or (2) a less serious risk of harm to the person, property or public interest.” Burns, 6 S.W.3d at 466-67 .

2016Part (b) of the Bums test requires that the elements of the lesser-included offense be included in the elements of the charged offense, except to the extent that the lesser-included offense “contains a statutory element or elements establishing (1) a different mental state indicating a lesser kind of culpability; and/or (2) a less serious risk of harm to the person, property or public interest.” Burns, 6 S.W.3d at 466-67 .

713
State v. Elygreen
tenn · 2001 · cited in 7 Tennessee opinions naming this issue, 2002–2012
2 sentences

2012However, “part (c) of the Bums test, ... applies ‘to situations in which a defendant attempts to commit ... either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Marcum, 109 S.W.3d 300, 303 (Tenn.2003) (quoting State v. Ely, 48 S.W.3d 710, 719 (Tenn.2001)) (emphasis added).

2012However, “part (c) of the Bums test, ... applies ‘to situations in which a defendant attempts to commit ... either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Marcum, 109 S.W.3d 300, 303 (Tenn.2003) (quoting State v. Ely, 48 S.W.3d 710, 719 (Tenn.2001)) (emphasis added).

77
State v. Rushgreen
tenn · 2001 · cited in 2 Tennessee opinions naming this issue, 2002–2016
2 sentences

2016See, e.g., Rush, 50 S.W.3d at 429 n.4.

2016See, e.g., Rush, 50 S.W.3d at 429 n.4.

22
State v. Marcumgreen
tenn · 2003 · cited in 2 Tennessee opinions naming this issue, 2004–2012
2 sentences

2012However, “part (c) of the Bums test, ... applies ‘to situations in which a defendant attempts to commit ... either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Marcum, 109 S.W.3d 300, 303 (Tenn.2003) (quoting State v. Ely, 48 S.W.3d 710, 719 (Tenn.2001)) (emphasis added).

2012However, “part (c) of the Bums test, ... applies ‘to situations in which a defendant attempts to commit ... either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Marcum, 109 S.W.3d 300, 303 (Tenn.2003) (quoting State v. Ely, 48 S.W.3d 710, 719 (Tenn.2001)) (emphasis added).

22
State v. Bowlesgreen
tenn · 2001 · cited in 2 Tennessee opinions naming this issue, 2002–2002
2 sentences

2002In proving the greater offense the State necessarily has proven the lesser offense because all of the statutory elements of the lesser offense are included in the greater. 69 S.W.3d at 188 (citing Bowles, 52 S.W.3d at 80 ).

2002In proving the greater offense the State necessarily has proven the lesser offense because all of the statutory elements of the lesser offense are included in the greater. 69 S.W.3d at 188 (citing Bowles, 52 S.W.3d at 80 ).

12
State of Tennessee v. Mark Anthony McNackgreen
tenn · 2011 · cited in 1 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016When engaging in statutory interpretation, “well-defined precepts apply.” State v. McNack, 356 S.W.3d 906, 908 (Tenn. 2011).

2016When engaging in statutory interpretation, “well-defined precepts apply.” State v. McNack, 356 S.W.3d 906, 908 (Tenn. 2011).

11
Terrance N. CARTER v. Rickey BELLgreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016“When statutory language is clear and unambiguous, we must apply its plain meaning in its normal and accepted use, without a forced interpretation that would extend the meaning of the language[,] and ... enforce the language without reference to the broader statutory intent, legislative history, or other sources.” Carter, 279 S.W.3d at 564 (citations omitted). a, Abrogation of Common Law Had the General Assembly intended to abrogate part (b) of the Bums test as interpreted by the Court of Criminal Appeals, it is clear that the legislature would *270 have significantly changed the common law of

2016“When statutory language is clear and unambiguous, we must apply its plain meaning in its normal and accepted use, without a forced interpretation that would extend the meaning of the language[,] and ... enforce the language without reference to the broader statutory intent, legislative history, or other sources.” Carter, 279 S.W.3d at 564 (citations omitted). a, Abrogation of Common Law Had the General Assembly intended to abrogate part (b) of the Bums test as interpreted by the Court of Criminal Appeals, it is clear that the legislature would *270 have significantly changed the common law of

11
State of Tennessee v. Broderick Devonte Faynegreen
tenn · 2014 · cited in 1 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016“Significantly, the statutory definition set out in section 40-18-110(f) does not include part (b) of the Bums test.” State v. Fayne, 451 S.W.3d 362 , 368 n.5 (Tenn. 2014).

2016“Significantly, the statutory definition set out in section 40-18-110(f) does not include part (b) of the Bums test.” State v. Fayne, 451 S.W.3d 362 , 368 n.5 (Tenn. 2014).

11
State v. Robinsongreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2006–2006
2 sentences

2006However, part (c) of the Bums test is limited to “ ‘situations in which a defendant attempts to commit, or solicits another to commit, either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Robinson, 146 S.W.3d 469, 487 (Tenn.2004) (quoting State v. Ely, 48 S.W.3d 710, 717 (Tenn.2001)).' As in these cases, the evidence in the instant case established either the completed offense of murder or the defendants’ claim of innocence.

2006However, part (c) of the Bums test is limited to “ ‘situations in which a defendant attempts to commit, or solicits another to commit, either the crime charged or a lesser-included offense, but no proof exists of the completion of the crime.’ ” State v. Robinson, 146 S.W.3d 469, 487 (Tenn.2004) (quoting State v. Ely, 48 S.W.3d 710, 717 (Tenn.2001)).' As in these cases, the evidence in the instant case established either the completed offense of murder or the defendants’ claim of innocence.

11
State v. Adamsgreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 2001–2001
2 sentences

2001See State v. Canco, 968 S.W.2d 280, 286 (Tenn.1998) (recognizing that “not all rapes are committed for the purpose of pleasure or excitement”); see also State v. Adams, 864 S.W.2d 31, 34-35 (Tenn. 1993).

2001See State v. Canco, 968 S.W.2d 280, 286 (Tenn.1998) (recognizing that “not all rapes are committed for the purpose of pleasure or excitement”); see also State v. Adams, 864 S.W.2d 31, 34-35 (Tenn. 1993).

11
State v. Caricogreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 2001–2001
2 sentences

2001See State v. Canco, 968 S.W.2d 280, 286 (Tenn.1998) (recognizing that “not all rapes are committed for the purpose of pleasure or excitement”); see also State v. Adams, 864 S.W.2d 31, 34-35 (Tenn. 1993).

2001See State v. Canco, 968 S.W.2d 280, 286 (Tenn.1998) (recognizing that “not all rapes are committed for the purpose of pleasure or excitement”); see also State v. Adams, 864 S.W.2d 31, 34-35 (Tenn. 1993).

11
State v. Swindlegreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2001–2001
2 sentences

2001Here, in reviewing the count charging rape, the question is whether the culpability or harm inherent in an “intentional sexual touching for the purpose of sexual arousal” is less than that of an “intentional, knowing, or reckless sexual penetration.” Cf. State v. Swindle, 30 S.W.3d 289, 293 (Tenn.2000)(comparing the offenses of aggravated sexual battery and misdemeanor assault under part (b) of the Bums test).

2001Here, in reviewing the count charging rape, the question is whether the culpability or harm inherent in an “intentional sexual touching for the purpose of sexual arousal” is less than that of an “intentional, knowing, or reckless sexual penetration.” Cf. State v. Swindle, 30 S.W.3d 289, 293 (Tenn.2000)(comparing the offenses of aggravated sexual battery and misdemeanor assault under part (b) of the Bums test).

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 (5)

CaseCitedYears
State v. Allen green
tenn · 2002
2 sentences

2002In proving the greater offense the State necessarily has proven the lesser offense because all of the statutory elements of the lesser offense are included in the greater. 69 S.W.3d at 188 (citing Bowles, 52 S.W.3d at 80 ).

2002In proving the greater offense the State necessarily has proven the lesser offense because all of the statutory elements of the lesser offense are included in the greater. 69 S.W.3d at 188 (citing Bowles, 52 S.W.3d at 80 ).

22002–2002
State v. Elkins green
tenn · 2002
2 sentences

2016Although this Court has twice clarified that aggravated sexual battery is a lesser* included offense of rape of a child, Evans, 108 S.W.3d at 237 ; Elkins, 83 S.W.3d at 713 , it appears that we have done so without engaging in a thorough analysis of Bums part (b).

2016Although this Court has twice clarified that aggravated sexual battery is a lesser* included offense of rape of a child, Evans, 108 S.W.3d at 237 ; Elkins, 83 S.W.3d at 713 , it appears that we have done so without engaging in a thorough analysis of Bums part (b).

12016–2016
State v. Evans green
tenn · 2003
2 sentences

2016Although this Court has twice clarified that aggravated sexual battery is a lesser* included offense of rape of a child, Evans, 108 S.W.3d at 237 ; Elkins, 83 S.W.3d at 713 , it appears that we have done so without engaging in a thorough analysis of Bums part (b).

2016Although this Court has twice clarified that aggravated sexual battery is a lesser* included offense of rape of a child, Evans, 108 S.W.3d at 237 ; Elkins, 83 S.W.3d at 713 , it appears that we have done so without engaging in a thorough analysis of Bums part (b).

12016–2016
State v. Flemming green
tenn · 2000
2 sentences

2002Establishing proof sufficient to convict under the greater offense will not necessarily prove the lesser offenses, including facilitation, enumerated in part (c) of the test. 9 The defendant further relies upon Allen and Flemming, 19 S.W.3d 195 (Tenn.2000), for the proposition that the error was not harmless because his involvement in the robbery and attempted robbery was contested at trial.

2002Establishing proof sufficient to convict under the greater offense will not necessarily prove the lesser offenses, including facilitation, enumerated in part (c) of the test. 9 The defendant further relies upon Allen and Flemming, 19 S.W.3d 195 (Tenn.2000), for the proposition that the error was not harmless because his involvement in the robbery and attempted robbery was contested at trial.

12002–2002
Howard v. State green
tenn · 1979
2 sentences

2001This same result would be reached under Howard v. State, 578 S.W.2d 83 (Tenn.1979), which set forth the statutory elements test incorporated into part (a) of the Bums test. 5 .

2001This same result would be reached under Howard v. State, 578 S.W.2d 83 (Tenn.1979), which set forth the statutory elements test incorporated into part (a) of the Bums test. 5 .

12001–2001

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-18-110 (11) TN § Tenn. Code Ann. § 39-11-402 (4) TN § Tenn. Code Ann. § 39-11-403 (4) TN § Tenn. Code Ann. § 39-12-101 (4) TN § Tenn. Code Ann. § 39-13-202 (4) TN § Tenn. Code Ann. § 39-13-501 (4) TN § Tenn. Code Ann. § 39-13-101 (3) TN § Tenn. Code Ann. § 39-13-102 (3) TN § Tenn. Code Ann. § 39-13-103 (3) TN § Tenn. Code Ann. § 39-13-302 (3) TN § Tenn. Code Ann. § 39-14-103 (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

TN 20 (2000–2016) MO 2 (1992–2007)

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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