absent the instructional error (Tennessee) · Go Syfert
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absent the instructional error in Tennessee

14 Tennessee opinions name it 2 courts 2012–2015 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. Whitegreen
tenn · 2012 · cited in 13 Tennessee opinions naming this issue, 2012–2015
2 sentences

2014See State v. White, 362 S.W.3d 559 , 580 n.20 (Tenn. 2012) (“Because we cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the instructional error, we cannot find the error harmless.”).

2013In order to determine whether an instructional error is harmless, the appellate court must ask “whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Id. (quoting State v. Allen, 69 S.W.3d 181, 190 (Tenn.2002)) (internal quotation marks omitted); see also White, 362 S.W.3d at 580 n. 20 (“Because we cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the instructional error, we cannot find the error harmless.”).

613
State v. Howardgreen
tenn · 2000 · cited in 2 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012See White, 362 S.W.3d at 580 n. 20 (citing State v. Howard, 30 S.W.3d 271, 277 (Tenn.2000)); see also State v. David Earl Scott, No. E2011-00707-CCA-R3-CD, 2012 WL 5503951 , at *13-14 (Tenn.Crim.App.

2012See Howard, 30 S.W.3d at 277 n. 6.

22
State v. Allengreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013In order to determine whether an instructional error is harmless, the appellate court must ask “whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Id. (quoting State v. Allen, 69 S.W.3d 181, 190 (Tenn.2002)) (internal quotation marks omitted); see also White, 362 S.W.3d at 580 n. 20 (“Because we cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the instructional error, we cannot find the error harmless.”).

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 (1)

CaseCitedYears
State v. Rodriguez green
tenn · 2008
1 sentence

2013In order to determine whether an instructional error is harmless, the appellate court must ask “whether it appears beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.” Id. (quoting State v. Allen, 69 S.W.3d 181, 190 (Tenn.2002)) (internal quotation marks omitted); see also White, 362 S.W.3d at 580 n. 20 (“Because we cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the instructional error, we cannot find the error harmless.”).

12013–2013

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-302 (11) TN § Tenn. Code Ann. § 39-13-305 (10) TN § Tenn. Code Ann. § 40-35-114 (6) TN § Tenn. Code Ann. § 39-13-401 (5) TN § Tenn. Code Ann. § 40-35-115 (5) TN § Tenn. Code Ann. § 40-35-210 (5) TN § Tenn. Code Ann. § 40-35-401 (5) TN § Tenn. Code Ann. § 39-13-402 (4) TN § Tenn. Code Ann. § 39-12-101 (3) TN § Tenn. Code Ann. § 39-13-303 (3) TN § Tenn. Code Ann. § 40-35-102 (3) TN § Tenn. Code Ann. § 40-35-103 (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

TN 14 (2012–2015) CA 5 (2014–2025)

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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