17 Tennessee opinions name it 3 courts 1992–2017 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.
| Case | Followed | Cited |
|---|---|---|
Riggs v. Bursongreen1 sentence2017“In evaluating the constitutionality of a statute, we begin with the presumption that an act of the General Assembly is constitutional.” See Gallaher v. Elam, 104 S.W.3d 455, 459 (Tenn. 2003) (citing State v. Robinson, 29 S.W.3d 476, 479 (Tenn. 2000); Riggs v. Burson, 941 S.W.2d 44, 51 (Tenn. 1997)). | 1 | 1 |
State v. Robinsongreen1 sentence2017“In evaluating the constitutionality of a statute, we begin with the presumption that an act of the General Assembly is constitutional.” See Gallaher v. Elam, 104 S.W.3d 455, 459 (Tenn. 2003) (citing State v. Robinson, 29 S.W.3d 476, 479 (Tenn. 2000); Riggs v. Burson, 941 S.W.2d 44, 51 (Tenn. 1997)). | 1 | 1 |
Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of Tennesseegreen1 sentence2017In a related claim, the defendant argues that his possession of a loaded handgun inside a closed container cannot satisfy the elements of the offense under any definition, which claim is more in the nature of a challenge to the sufficiency of the evidence.3 3 Because a finding that the evidence was insufficient to support the defendant’s conviction would result in a dismissal of the charge, the defendant’s failure to file a motion for new trial does not preclude our consideration of this challenge. -6- “Issues of constitutional interpretation are questions of law, which we review de novo witho | 1 | 1 |
Colonial Pipeline Co. v. Morgangreen1 sentence2017In a related claim, the defendant argues that his possession of a loaded handgun inside a closed container cannot satisfy the elements of the offense under any definition, which claim is more in the nature of a challenge to the sufficiency of the evidence.3 3 Because a finding that the evidence was insufficient to support the defendant’s conviction would result in a dismissal of the charge, the defendant’s failure to file a motion for new trial does not preclude our consideration of this challenge. -6- “Issues of constitutional interpretation are questions of law, which we review de novo witho | 1 | 1 |
Gallaher v. Elamgreen1 sentence2017“In evaluating the constitutionality of a statute, we begin with the presumption that an act of the General Assembly is constitutional.” See Gallaher v. Elam, 104 S.W.3d 455, 459 (Tenn. 2003) (citing State v. Robinson, 29 S.W.3d 476, 479 (Tenn. 2000); Riggs v. Burson, 941 S.W.2d 44, 51 (Tenn. 1997)). | 1 | 1 |
Shell v. Lawgreen1 sentence2012A. Chain of Custody “Whether the requisite chain of custody has been established to justify admission . . . is ‘a matter committed to the discretion of the trial judge and [t]his determination will not be overturned in the absence of a clearly mistaken exercise thereof.’” Davis v. Shelby County Sheriff’s Dep’t, 278 S.W.3d 256, 267 (Tenn. 2009) (quoting Shell v. Law, 935 S.W.2d 402, 409 (Tenn. Ct. App. 1996)). | 1 | 1 |
Davis v. Shelby County Sheriff's Departmentgreen1 sentence2012A. Chain of Custody “Whether the requisite chain of custody has been established to justify admission . . . is ‘a matter committed to the discretion of the trial judge and [t]his determination will not be overturned in the absence of a clearly mistaken exercise thereof.’” Davis v. Shelby County Sheriff’s Dep’t, 278 S.W.3d 256, 267 (Tenn. 2009) (quoting Shell v. Law, 935 S.W.2d 402, 409 (Tenn. Ct. App. 1996)). | 1 | 1 |
Eldridge v. Eldridgegreen2 sentences2011“The related doctrine of commingling concerns instances where separate property becomes marital property when the separate property is inextricably mingled with marital property or the other spouse’s separate property.” Eldridge, 137 S.W.3d at 14 (citation omitted). 2011“Commingling does not occur if the separate property can be traced into its product or if the separate property continues to be segregated.” Id. (citation omitted). | 1 | 1 |
State v. Smithgreen1 sentence2007The Petitioner states, Absent a reference to the written notice in the indictment, or an explanation for its absence, the indictment would fail to contain “the elements of the offense intended to be charged and sufficiently apprises the defendant of what he must be prepared to meet[.]” Smith v. Smith, 612 S.W.2d 493, 497 (Tenn. Ct. App. 1980). | 1 | 1 |
King v. Brooksgreen1 sentence2006“Under the doctrine of collateral estoppel, when an issue has been actually and necessarily determined in a former action between the parties, that determination is conclusive upon them in subsequent litigation.” King v. Brooks, 562 S.W.2d 422, 424 (Tenn. 1978). | 1 | 1 |
State v. McClintockgreen1 sentence2004The "authorized avenue for attacking a voidable judgment is a petition for post-conviction relief." State v. McClintock, 732 S.W.2d 268, 272 (Tenn. 1987). | 1 | 1 |
Michael H. v. Gerald D.green2 sentences1996See Michael H. v. Gerald D., 491 U.S. 110, 113-32 , 109 S. Ct. 2333 , 2337- 46 (1989). 21 Several more recent intermediate appellate court decisions have characterized a related presumption as conclusive. 1996See Michael H. v. Gerald D., 491 U.S. 110, 113-32 , 109 S. Ct. 2333 , 2337- 46 (1989). 21 Several more recent intermediate appellate court decisions have characterized a related presumption as conclusive. | 1 | 1 |
Tyler v. Tylergreen1 sentence1996See Rooker v. Rimer, 776 S.W.2d 124, 128 (Tenn. Ct. App. 1989); Tyler v. Tyler, 671 S.W.2d 492, 494 (Tenn. Ct. App. 1984). | 1 | 1 |
Rooker v. Rimergreen1 sentence1996See Rooker v. Rimer, 776 S.W.2d 124, 128 (Tenn. Ct. App. 1989); Tyler v. Tyler, 671 S.W.2d 492, 494 (Tenn. Ct. App. 1984). | 1 | 1 |
Supermarkets Operating Co. v. Arkwright Mutual Insurancegreen1 sentence1992Supermarkets Operating Co. v. Arkwright Mutual Insurance Co.,m 257 F.Supp. 273, 277 (E.D.Penn.1966). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Potts v. Celotex Corp.
green
2 sentences1995Other states refer to this rule as the “single injury rule.” See Potts v. Celotex Corp., 796 S.W.2d 678 (Tenn.1990). 1995Other states refer to this rule as the "single injury rule." See Potts v. Celotex Corp., 796 S.W.2d 678 (Tenn. 1990). | 2 | 1995–1995 |
Fahrner v. SW Manufacturing, Inc.
green
2 sentences2006There is no contract requirement to resolve your claim, prior to the work being executed." Fortner's affidavit states that he received repeated assurances that the general contractor was pursuing his claim for extra compensation. *461 Stanfort argues that, in reliance on these statements, it delayed filing suit against Phillips and Campbell, but Stanfort never uses the phrase "equitable estoppel." However, Stanfort discussed the factual basis of this theory before the Trial Court and as Fahrner teaches, we are required to consider not only the discovery rule, but also "whether the related doct 2006Stanfort argues that, in reliance on these statements, it delayed filing suit against Phillips and Campbell, but Stan-fort never uses the phrase “equitable es-toppel.” However, Stanfort discussed the factual basis of this theory before the Trial Court and as Fahmer teaches, we are required to consider not only the discovery rule, but also “whether the related doctrine of equitable estoppel saves this action from the bar of the statute of limitations.” Fahrner, 48 S.W.3d 141 , 148 & n. 1. | 1 | 2006–2006 |
Continental Insurance Co. v. DNE Corp.
green
1 sentence2005DNE Corp., 834 S.W.2d at 934 . | 1 | 2005–2005 |
Boykin v. Alabama
green
2 sentences2005When analyzing a guilty plea, we look to the federal standard announced in Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L. 2005When analyzing a guilty plea, we look to the federal standard announced in Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 23 L. | 1 | 2005–2005 |
Maestas v. Sofamor Danek Group, Inc.
green
1 sentence2005The Tennessee Supreme Court did not reject the doctrine of class action tolling in Maestas v. Sofamor Danek Group, Inc. Rather, it rejected the related doctrine of cross-jurisdictional tolling.12 Maestas v. Sofamor Danek Group, Inc., 33 S.W.3d at 808-09 . | 1 | 2005–2005 |
Staples v. United States
green
2 sentences2001Moreover, Justice Ginsburg has previously stated that, “[t]he mens rea presumption requires knowledge only of the facts that make the defendant’s conduct illegal, lest it conflict with the related presumption . . . that, ordinarily, ‘. . . mistake of law is no defense to criminal prosecution.’” Staples v. United States, 511 U.S. 600 , 622 n.3, 114 S. Ct. 1793 , 1805 n.3 (1994) (Ginsburg, J., concurring) (citation omitted). 2001Moreover, Justice Ginsburg has previously stated that, “[t]he mens rea presumption requires knowledge only of the facts that make the defendant’s conduct illegal, lest it conflict with the related presumption . . . that, ordinarily, ‘. . . mistake of law is no defense to criminal prosecution.’” Staples v. United States, 511 U.S. 600 , 622 n.3, 114 S. Ct. 1793 , 1805 n.3 (1994) (Ginsburg, J., concurring) (citation omitted). | 1 | 2001–2001 |
Memphis Publishing Co. v. Nichols
green
1 sentence2000Tennessee law recognized the doctrine of defamation by innuendo or implication in Memphis Publ’g Co. v. Nichols, 569 S.W.2d at 412 . | 1 | 2000–2000 |
Woodmen of the World Life Insurance Society v. Kinnaird
neutral
1 sentence1995In Woodmen of the World Life Insurance v. Kinnaird, 874 S.W.2d 47 (Tenn. App. 1993), this court held that the fraud of a beneficiary to a life insurance policy would allow the insurer to avoid payment under the policy (and defeat the claims of the insured's heirs) even though the insured herself had no part in the fraud. | 1 | 1995–1995 |
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.