state must overcome presumption (Tennessee) · Go Syfert
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state must overcome presumption in Tennessee

16 Tennessee opinions name it 1 courts 2002–2010 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 (3)

CaseFollowedCited
State v. Binghamgreen
tenncrimapp · 1995 · cited in 16 Tennessee opinions naming this issue, 2002–2010
2 sentences

2010When, as here, the defendant is entitled to the statutory presumption favoring alternative sentencing, the State must overcome the presumption by the showing of “evidence to the contrary.” Ashby, 823 S.W.2d at 169 ; State v. Bingham, 910 S.W.2d 448, 455 (Tenn. Crim.

2010When, as here, the defendant is entitled to the statutory presumption favoring alternative sentencing, the state must overcome the presumption by the showing of “evidence to the contrary.” Ashby, 823 S.W.2d at 169 ; State v. Bingham, 910 S.W.2d 448, 455 (Tenn. Crim.

1616
State v. Hoopergreen
tenn · 2000 · cited in 12 Tennessee opinions naming this issue, 2003–2010
2 sentences

2010App. 1995), overruled in part on other grounds by State v. Hooper, 29 S.W.3d 1 (Tenn. 2000).

2010App. 1995), overruled in part on other grounds by State v. Hooper, 29 S.W.3d 1 (Tenn. 2000); see Tenn. Code Ann. §§ 40-35-102 (6), -103.

212
State v. Ashbygreen
tenn · 1991 · cited in 15 Tennessee opinions naming this issue, 2002–2010
2 sentences

2010When, as here, the defendant is entitled to the statutory presumption favoring alternative sentencing, the State must overcome the presumption by the showing of “evidence to the contrary.” Ashby, 823 S.W.2d at 169 ; State v. Bingham, 910 S.W.2d 448, 455 (Tenn. Crim.

2010When, as here, the defendant is entitled to the statutory presumption favoring alternative sentencing, the state must overcome the presumption by the showing of “evidence to the contrary.” Ashby, 823 S.W.2d at 169 ; State v. Bingham, 910 S.W.2d 448, 455 (Tenn. Crim.

115

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 (1)

CaseCitedYears
National Union Fire Insurance Co. v. McClure green
kyctapphigh · 1930
2 sentences

2005App. 1995), overruled in part on other grounds by State v. Hooper, 29 S.W.2d 1 (Tenn. 2000); see Tenn. Code Ann. §§ 40-35-102 (6), -103 (2003).

2005App. 1995), overruled in part on other grounds by State v. Hooper, 29 S.W.2d 1 (Tenn. 2000); see Tenn. Code Ann. §§ 40-35-102 (6), -103 (1997).

42002–2005

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-102 (16) TN § Tenn. Code Ann. § 40-35-303 (16) TN § Tenn. Code Ann. § 40-35-401 (15) TN § Tenn. Code Ann. § 40-35-114 (10) TN § Tenn. Code Ann. § 40-35-103 (9) TN § Tenn. Code Ann. § 40-35-113 (7) TN § Tenn. Code Ann. § 40-35-210 (6) TN § Tenn. Code Ann. § 40-36-106 (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 16 (2002–2010) LA 15 (1985–2016) FL 10 (1998–2016) MO 6 (1987–2013) WA 5 (2014–2020) MD 5 (1965–1980) WI 3 (2003–2022) GA 3 (2016–2018) OK 2 (2018–2018) NC 2 (1987–1991) IA 2 (2015–2015) IL 2 (1974–1991)

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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