home rule (Tennessee) · Go Syfert
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home rule in Tennessee

18 Tennessee opinions name it 3 courts 1975–2025 2 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
New York v. Harrisgreen
scotus · 1990 · cited in 5 Tennessee opinions naming this issue, 2002–2014
2 sentences

2014In New York v. Harris, 495 U.S. 14, 21 (1990), the United States Supreme Court held that “where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State’s use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton.” See also State v. Jenkins, 81 S.W.3d 252, 264 (Tenn. Crim.

2012In New York v. Harris, 495 U.S. 14, 21 (1990), the United States Supreme Court held that “where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State’s use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton.” While the Court was reluctant to adopt a “per se” rule that would limit any and all evidence from a “chain of causation” that began with an illegal arrest, the Court reasoned: In light of these principles, we decline to apply the exclusionary rule in

45
State of Tennessee v. Chester Lee Jenkinsgreen
tenncrimapp · 2002 · cited in 3 Tennessee opinions naming this issue, 2012–2014
2 sentences

2014In New York v. Harris, 495 U.S. 14, 21 (1990), the United States Supreme Court held that “where the police have probable cause to arrest a suspect, the exclusionary rule does not bar the State’s use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home in violation of Payton.” See also State v. Jenkins, 81 S.W.3d 252, 264 (Tenn. Crim.

2012Id. at 255 .

23
Davis v. Shelby County Sheriff's Departmentgreen
tenn · 2009 · cited in 2 Tennessee opinions naming this issue, 2009–2010
2 sentences

2010See id. (citing City of Memphis Ordinance No. 1852); see also Davis, 278 S.W.3d at 263 .

2010As we explained above, because the City of Memphis is a home rule jurisdiction, the Commission is exempted from Tennessee Code Annotated section 27-9-114(a)(1)’s requirement that “contested case hearings by civil service boards . . . be conducted in conformity with contested case procedures under the [UAPA..]” See Tenn. Code Ann. § 27 - 9-114; Davis, 278 S.W.3d at 263-64 .

12
Frazer v. Carrgreen
tenn · 1962 · cited in 1 Tennessee opinions naming this issue, 2025–2025
2 sentences

2025See generally Frazer v. Carr, 210 Tenn. 565, 569 , 360 S.W.2d 449, 451 (Tenn. 1962).

2025See generally Frazer v. Carr, 210 Tenn. 565, 569 , 360 S.W.2d 449, 451 (Tenn. 1962).

11
County of Shelby v. McWhertergreen
tennctapp · 1996 · cited in 1 Tennessee opinions naming this issue, 2025–2025
1 sentence

2025See generally Cnty. of Shelby v. McWherter, 936 S.W.2d 923 , 933–34 (Tenn. Ct. App. 1996) (“There is no constitutional provision that prohibits the Legislature from enacting laws which in some form or fashion are contrary to a local law set forth in a county’s home rule charter.

11
MacOn v. Shelby County Government Civil Service Merit Boardgreen
tennctapp · 2009 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021See Macon, 309 S.W.3d at 511 (applying this rule despite the fact that “Shelby County is a home rule jurisdiction”).

11
Arden v. Kozawagreen
tenn · 2015 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015The plain language of Tennessee Code Annotated section 27-9-114(a)(2) only exempts “municipal utilities boards or civil service boards of counties organized under a home rule charter form of government.” (Emphasis added.) “We presume that the Legislature intended each word in a statute to have a specific purpose and meaning.” Arden v. Kozawa, 466 S.W.3d 758, 764 (Tenn. 2015) (citing Cunningham v. Williamson Cnty.

11
Bowman v. City of Moorheadgreen
minn · 1949 · cited in 1 Tennessee opinions naming this issue, 2007–2007
2 sentences

2007For example, in Bowman v. City of Moorhead, 228 Minn. 35 , 36 N.W.2d 7 (1949), the Supreme Court of Minnesota determined that the home rule charter of a city had several irregularities, including the failure of publication in accordance with the state constitution.

2007For example, in Bowman v. City of Moorhead, 228 Minn. 35 , 36 N.W.2d 7 (1949), the Supreme Court of Minnesota determined that the home rule charter of a city had several irregularities, including the failure of publication in accordance with the state constitution.

11
City of Knoxville v. Dossettgreen
moctapp · 1984 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002Roach v. Dossett, 672 S.W.2d 193, 194 (Tenn. 1984) (noting that Knoxville is a home rule municipality).

11
Henderson County v. Wallacegreen
tenn · 1938 · cited in 1 Tennessee opinions naming this issue, 1996–1996
1 sentence

1996Cummings, 130 Tenn. at 569, 172 S.W. at 290-91; Henderson County v. Wallace, 173 Tenn. (9 Beeler) 184, 189-90, 116 S.W.2d 1003, 1005 (1938).

11
Virginia E. E. v. Alberto S. P.green
nyfamct · 1981 · cited in 1 Tennessee opinions naming this issue, 1982–1982
2 sentences

1982See Virginia E.E. v. Alberto S.P., 110 Misc.2d 448 , 440 N.Y.S.2d 979 (Fam.Ct.1981).

1982See Virginia E.E. v. Alberto S.P., 110 Misc.2d 448 , 440 N.Y.S.2d 979 (Fam.Ct.1981).

11
Lawler v. McCanlessgreen
tenn · 1967 · cited in 1 Tennessee opinions naming this issue, 1975–1975
2 sentences

1975See Lawler v. McCanless, 220 Tenn. 342 , 417 S.W.2d 548, 550 (1967).

1975See Lawler v. McCanless, 220 Tenn. 342 , 417 S.W.2d 548, 550 (1967).

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
Tidwell v. City of Memphis green
tenn · 2006
2 sentences

2015Marino also cited Tidwell v. City of Memphis, 193 S.W.3d 555 (Tenn. 2006), in which the supreme court held that a different board of the City of Memphis, its “On the Job Injury Appeals Panel,” is subject to the contested case procedures of the UAPA.

2015The City now claims that its Pension Board is not subject to the requirements for contested case hearings, regardless of the home rule issue, because its Pension Board “does not hear contested cases.” “A contested case is defined by the UAPA as „a proceeding . . . in which the legal rights, duties or privileges of a party are required by any statute or constitutional provision to be determined by an agency after an opportunity for a hearing.‟” Tidwell, 193 S.W.3d at 558 (quoting Tenn. Code Ann. § 4-5-102 (3)) (emphasis added).

12015–2015
County of Shelby v. Tompkins green
tennctapp · 2007
1 sentence

2009Davis, 278 S.W.3d at 263 ; Tompkins, 241 S.W.3d at 503-04 .

12009–2009
Robinson v. Briley green
tenn · 1963
1 sentence

1996The County also contends that Robinson v. Briley, 213 Tenn. (17 McCanless) 418, 374 S.W.2d 382 (1963) supports its position that provisions of a charter may supersede a general law.

11996–1996
Bozeman v. Barker green
tenn · 1978
2 sentences

1991Thus, we reject the plaintiffs’ argument that this Court’s ruling in Bozeman v. Barker, 571 S.W.2d 279 (Tenn.1978), discussed below, is not controlling because the case did not involve a home rule municipality.

1991Thus, we reject the plaintiffs’ argument that this Court’s ruling in Bozeman v. Barker, 571 S.W.2d 279 (Tenn.1978), discussed below, is not controlling because the case did not involve a home rule municipality.

11991–1991
Fountain City Sanitary District v. Knox County Election Commission green
tenn · 1957
2 sentences

1978Fountain City Sanitary District v. Knox County Election Comm’n, 203 Tenn. 26 , 308 S.W.2d 482 (1957). 2 .

1978Fountain City Sanitary District v. Knox County Election Comm’n, 203 Tenn. 26 , 308 S.W.2d 482 (1957). 2 .

11978–1978

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 27-9-114 (4) TN § Tenn. Code Ann. § 4-5-322 (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

IL 383 (1972–2026) TX 203 (1926–2025) NY 173 (1903–2026) PA 123 (1953–2026) MI 122 (1915–2026) CO 121 (1919–2026) CA 114 (1952–2026) LA 113 (1935–2025) FL 74 (1957–2026) OH 73 (1937–2026) NE 59 (1922–2020) OR 57 (1912–2026) KS 43 (1957–2019) MD 42 (1932–2025) WI 41 (1912–2024) MN 39 (1908–2019) RI 38 (1939–2023) NM 29 (1979–2025) MO 28 (1963–2023) IA 27 (1974–2021) CT 27 (1962–2022) WA 22 (1932–2019) MA 22 (1970–2018) AK 21 (1970–2024) OK 19 (1930–2014) AZ 19 (1939–2023) ND 19 (1972–2024) TN 18 (1975–2025) ME 17 (1979–2022) GA 17 (1967–2025) IN 12 (1988–2020) KY 10 (1953–2026) NJ 10 (1949–2024) AL 7 (1991–2017) DC 6 (1971–2010) WV 6 (1950–2023) NH 6 (1982–2010) DE 5 (1975–2020) VA 4 (1999–2022) AR 3 (1991–2000) NC 3 (1968–2016) ID 3 (1986–2018) UT 2 (1978–2013) SC 2 (2010–2021) SD 2 (2000–2003) MT 2 (1938–2005) VI 2 (1978–2017) VT 2 (1991–2021)

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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