14 Tennessee opinions name it 3 courts 1996–2026 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.
| Case | Followed | Cited |
|---|---|---|
Neder v. United Statesgreen2 sentences2021We must now determine if the error was harmless. “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by -8- overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder v. United States, 527 U.S. 1, 17 (1999). 2019Clark, 452 S.W.3d at 295 ; see also Garrison, 40 S.W.3d at 434 (citing Neder v. United States, 527 U.S. 1, 8-9 (1999); Teel, 793 S.W.2d at 249 ). “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder, 527 U.S. at 17 . | 4 | 6 |
State v. Allengreen2 sentences2014Furthermore, “[w]hen the jury’s verdict ‘necessarily included a finding’ on the omitted element, the error may be harmless.” Allen, 69 S.W.3d at 190 (quoting Neder, 527 U.S. at 26 (Stevens, J., concurring)) (concluding that an error could be harmless even when the jury’s verdict did not necessarily include the finding). “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Ned 2003Under this analysis, “where a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder, 527 U.S. at 17 , 119 S. Ct. at 1837 ; State v. Allen, 69 S.W.3d 181, 190 (Tenn. 2002). | 3 | 6 |
State of Tennessee v. Jimmy Dale Quallsgreen1 sentence2026When determining whether a non-structural constitutional error is harmless, we must consider “whether it appears ‘beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’” Id. (citations omitted); see Qualls, 482 S.W.3d at 18 (“If, at the end of that examination, the court cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the error . . . [the appellate court] should not find the error harmless.”). - 21 - Here, we are convinced beyond a reasonable doubt after examining the record that the lack of an electio | 1 | 1 |
State v. Garrisongreen1 sentence2019Clark, 452 S.W.3d at 295 ; see also Garrison, 40 S.W.3d at 434 (citing Neder v. United States, 527 U.S. 1, 8-9 (1999); Teel, 793 S.W.2d at 249 ). “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder, 527 U.S. at 17 . | 1 | 1 |
Campanali v. Campanaligreen1 sentence2002We will therefore affirm the trial court absent an error of law affecting the decision, Campanali v. Campanali, 695 S.W.2d 193, 194 (Tenn.Ct.App.1985), or unless the trial court’s decision is contrary to the public policies reflected in the statutes, Bogan, 60 S.W.3d at 727 , or unless the evidence preponderates against the court’s findings of fact. | 1 | 1 |
Union Carbide Corp. v. Huddlestongreen1 sentence1996Id.; Union Carbide Corp. v. Huddleston, 854 S.W.2d 87, 91 (Tenn. 1993). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Rodriguez
green
1 sentence2026When determining whether a non-structural constitutional error is harmless, we must consider “whether it appears ‘beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.’” Id. (citations omitted); see Qualls, 482 S.W.3d at 18 (“If, at the end of that examination, the court cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the error . . . [the appellate court] should not find the error harmless.”). - 21 - Here, we are convinced beyond a reasonable doubt after examining the record that the lack of an electio | 1 | 2026–2026 |
State v. Teel
red
1 sentence2019Clark, 452 S.W.3d at 295 ; see also Garrison, 40 S.W.3d at 434 (citing Neder v. United States, 527 U.S. 1, 8-9 (1999); Teel, 793 S.W.2d at 249 ). “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder, 527 U.S. at 17 . | 1 | 2019–2019 |
State of Tennessee v. Fred Chad Clark, II
green
1 sentence2019Clark, 452 S.W.3d at 295 ; see also Garrison, 40 S.W.3d at 434 (citing Neder v. United States, 527 U.S. 1, 8-9 (1999); Teel, 793 S.W.2d at 249 ). “[W]here a reviewing court concludes beyond a reasonable doubt that the omitted element was uncontested and supported by overwhelming evidence, such that the jury verdict would have been the same absent the error, the erroneous instruction is properly found to be harmless.” Neder, 527 U.S. at 17 . | 1 | 2019–2019 |
State of Tennessee v. Linnell Richmond
green
2 sentences2010That requires a “thorough examination of the record to determine if, beyond a reasonable doubt, the jury verdict would have been the same absent the error.” Richmond, 90 S.W.3d at 657 . 2010In other words, we must determine “whether the record contains evidence that could rationally lead to a contrary finding by the jury with respect to the omitted element.” Id. | 1 | 2010–2010 |
Bogan v. Bogan
green
1 sentence2002We will therefore affirm the trial court absent an error of law affecting the decision, Campanali v. Campanali, 695 S.W.2d 193, 194 (Tenn.Ct.App.1985), or unless the trial court’s decision is contrary to the public policies reflected in the statutes, Bogan, 60 S.W.3d at 727 , or unless the evidence preponderates against the court’s findings of fact. | 1 | 2002–2002 |
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.
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.