promptness requirement (Tennessee) · Go Syfert
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promptness requirement in Tennessee

15 Tennessee opinions name it 3 courts 1996–2025 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 (4)

CaseFollowedCited
County of Riverside v. McLaughlingreen
scotus · 1991 · cited in 13 Tennessee opinions naming this issue, 1996–2025
2 sentences

2013Gerstein v. Pugh, 420 U.S. 103, 125 (1975); State v. Huddleston, 924 S.W.2d 666, 671 (Tenn. 1996). “[J]udicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement. . . .” County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991).

2012The Court ruled “that a jurisdiction that provides judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein.” Id. at 56 .

613
State v. Huddlestongreen
tenn · 1996 · cited in 2 Tennessee opinions naming this issue, 2002–2013
2 sentences

2013Gerstein v. Pugh, 420 U.S. 103, 125 (1975); State v. Huddleston, 924 S.W.2d 666, 671 (Tenn. 1996). “[J]udicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement. . . .” County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991).

2002See County of Riverside v. McLaughlin, 500 U.S. 44, 56 , 111 S. Ct. 1661, 1670 (1991) (“judicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement of Gerstein”); State v. Huddleston, 924 S.W.2d 666 , 671- 72 (Tenn. 1996) (a hearing within forty-eight hours may still violate Gerstein if the probable cause hearing was delayed unreasonably).

12
Mello v. Superior Courtgreen
ri · 1977 · cited in 1 Tennessee opinions naming this issue, 2025–2025
1 sentence

2025As one court has observed in a closely related context, “[a] bail revocation hearing must be conducted with the same promptness as a hearing in the first instance, allowing, of course, for variations according to circumstances[.]” Mello v. Superior Court, 370 A.2d 1262, 1266 (R.I. 1977) (also observing that “a 2-week delay, absent a defendant’s consent, is not [to] be countenanced”).

11
Gerstein v. Pughgreen
scotus · 1975 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Gerstein v. Pugh, 420 U.S. 103, 125 (1975); State v. Huddleston, 924 S.W.2d 666, 671 (Tenn. 1996). “[J]udicial determinations of probable cause within 48 hours of arrest will, as a general matter, comply with the promptness requirement. . . .” County of Riverside v. McLaughlin, 500 U.S. 44, 56 (1991).

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 (2)

CaseCitedYears
Lance v. York green
tennctapp · 2011
1 sentence

2017Moreover, the fact that Metro cited Tenn. Code Ann. § 10-7-503 (a)(2)(B) on Form 720 as authority for its assertion that it had seven business days to process requests for copies shows that Metro assumed the promptness requirement also applied to copies when it created Form 720.4 We believe this construction of the Act complies with its overall purpose of 4 We acknowledge Metro’s reliance on the case Lance v. York, 359 S.W.3d 197 (Tenn. Ct. App. 2011), - 16 - ‘“promot[ing] public oversight of governmental activities.”’ Friedmann, 471 S.W.3d at 433 (quoting Gautreaux v. Internal Med.

12017–2017
Alex Friedmann v. Marshall County, TN green
tennctapp · 2015
1 sentence

2017Moreover, the fact that Metro cited Tenn. Code Ann. § 10-7-503 (a)(2)(B) on Form 720 as authority for its assertion that it had seven business days to process requests for copies shows that Metro assumed the promptness requirement also applied to copies when it created Form 720.4 We believe this construction of the Act complies with its overall purpose of 4 We acknowledge Metro’s reliance on the case Lance v. York, 359 S.W.3d 197 (Tenn. Ct. App. 2011), - 16 - ‘“promot[ing] public oversight of governmental activities.”’ Friedmann, 471 S.W.3d at 433 (quoting Gautreaux v. Internal Med.

12017–2017

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-30-110 (3) TN § Tenn. Code Ann. § 40-7-103 (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

CA 20 (1994–2025) IL 15 (1979–2025) TN 15 (1996–2025) PA 13 (1975–2025) AL 11 (1988–2014) MI 10 (1980–2020) ND 5 (1993–2022) MA 4 (1993–2021) TX 4 (2011–2024) IN 4 (2003–2020) WA 4 (1994–2017) NJ 3 (1994–2017) HI 3 (2003–2023) NV 2 (1992–1997) OH 2 (2020–2023) LA 2 (2011–2014) MO 2 (1966–2018) GA 2 (1993–2021) AR 2 (1994–1999) WV 2 (1984–2000)

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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