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14 Tennessee opinions name it 3 courts 1949–2024 3 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 |
|---|---|---|
Ballard v. Herzkegreen1 sentence2021These discretionary decisions must consider “applicable law and relevant facts.” Id. (citing Ballard v. Herzke, 924 S.W.2d 652, 661 (Tenn. 1996)). | 1 | 1 |
State v. Lewisgreen2 sentences2021As such, we are understanding of his concern, as a member of the bar, to avoid a finding of contempt. -3- the applicable legal standards or when it fails to properly consider the factors customarily used to guide that discretionary decision.” Id. (citing State v. Lewis, 235 S.W.3d 136, 141 (Tenn. 2007)). 2021These discretionary decisions must consider “applicable law and relevant facts.” Id. (citing Ballard v. Herzke, 924 S.W.2d 652, 661 (Tenn. 1996)). | 1 | 1 |
State Ex Rel. Agee v. Chapmangreen1 sentence2000He notes that Rule 5.02, which describes how service may be made, states that “Service by mail is complete upon mailing,” and that Rule 5.03, which discusses proof of service, states that “[p]roof may be by certificate of a member of the bar of the court or by affidavit of the person who served the papers, or by any other proof satisfactory to the court.” A simple denial of service by a party is never sufficient to set aside a judgment, State ex rel Agee v. Chapman, 922 S.W.2d 516, 518 (Tenn. Ct. App. 1995), Posey v. Eaton, 77 Tenn. (9 Lea) 500 (1882). | 1 | 1 |
Calvary Baptist Church v. Josephgreen1 sentence1995Calvary Baptist Church v. Joseph, 522 N.E.2d 371, 374 (Ind. 1988); Cf. John T. | 1 | 1 |
Smith v. Harrisongreen1 sentence1988See Smith v. Harrison, 49 Tenn. (2 Heisk.) 230 , 242-43 (1870). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ferguson v. Paycheck
green
2 sentences2004The Black Court determined that attorney fees were available under the authority of Ferguson v. Paycheck, 672 S.W.2d 746 (Tenn.1984), which adopted the following rule setting forth when a trial court can appoint and order compensation of counsel: [T]here must exist a necessity for the services of a member of the bar to serve the court in reaching a proper resolution of questions or issues presented and pending before the court, in which case the court may award compensation to be paid by the party or parties responsible for the situation that prompted the court to make the appointment. 2001In general, “there must exist a necessity for the services of a member of the bar to serve the court in reaching a proper resolution of questions or issues presented and pending before the court.” Ferguson, 672 S.W.2d at 747 . | 4 | 1996–2004 |
Sean K. Hornbeck v. Board of Professional Responsibility Of The Supreme Court of Tennessee
green
1 sentence2024“Suspension specifically contemplates that, once the conditions imposed under the suspension are met, the attorney will be permitted to return to law practice.” Id. - 55 - Disbarment, however, is not a temporary state. | 1 | 2024–2024 |
Trice v. Hewgley
green
1 sentence2024In Trice, this Court struck a brief for making “impertinent, derogatory and defamatory remarks impugning the character of . . . one of the Attorneys for the defendants.” 381 S.W.2d at 597 . | 1 | 2024–2024 |
Hawk v. Hawk
green
1 sentence2021As such, we are understanding of his concern, as a member of the bar, to avoid a finding of contempt. -3- the applicable legal standards or when it fails to properly consider the factors customarily used to guide that discretionary decision.” Id. (citing State v. Lewis, 235 S.W.3d 136, 141 (Tenn. 2007)). | 1 | 2021–2021 |
Martin v. Sizemore
green
1 sentence2011In this action, the trial court relied on an earlier Sixth Circuit Court of Appeals case, Newsome v. Batavia Local School District, 842 F.2d 920 (6th Cir. 1988), and the decision from this court in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001), in finding that the dual role of Fran Perry as an investigator and a member of the hearing board created an unconstitutional conflict in violation of Christian’s due process rights. | 1 | 2011–2011 |
Arthur Nickolas Newsome v. Batavia Local School District
green
1 sentence2011In this action, the trial court relied on an earlier Sixth Circuit Court of Appeals case, Newsome v. Batavia Local School District, 842 F.2d 920 (6th Cir. 1988), and the decision from this court in Martin v. Sizemore, 78 S.W.3d 249 (Tenn. Ct. App. 2001), in finding that the dual role of Fran Perry as an investigator and a member of the hearing board created an unconstitutional conflict in violation of Christian’s due process rights. | 1 | 2011–2011 |
Ex Parte Chattanooga Bar Association
green
2 sentences1960We do not go this far, but we use this illustration in light of what this Court has very recently in Ex Parte Chattanooga Bar Association, 206 Tenn. 7 , 330 S.W.2d 337 , held unanimously that the courts of the State have inherent power to look into the question of the ethical conduct of the lawyers who are members of the bar. 1960We do not go this far, but we use this illustration in light of what this Court has very recently in Ex Parte Chattanooga Bar Association, 206 Tenn. 7 , 330 S.W.2d 337 , held unanimously that the courts of the State have inherent power to look into the question of the ethical conduct of the lawyers who are members of the bar. | 1 | 1960–1960 |
Ridout v. State
green
1 sentence1950R. 830, a member of the Bar was held to be a “ judge de facto” because of Ms election as Special Judge at a prior term, but to the writer of this opinion, Judge Cook’s dissent is the safer expression of law and much of it is applicable to the case before us here, for example: “No consideration of public policy would justify the conclusion that a member of the bar or other person by merely assuming the judge’s position could clothe himself with the power of a judge . . .” 161 Tenn, at page 278, 30 S. W. (2d) at page 264 . | 1 | 1950–1950 |
Burns v. State
green
1 sentence1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here. | 1 | 1949–1949 |
Burns v. State
neutral
2 sentences1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here. 1949App.], 76 S. W. 2d 172 , held that the application for reinstatement of a permanently disbarred attorney should be to the Supreme Court, the licensing body, but this decision was reversed by the Commission of Appeals in Burns v. State [ 129 Tex. 303 ], 103 S. W. 2d 960 , that Court holding that the application for reinstatement should be to the Court of disbarment, its decision supporting petitioner here. | 1 | 1949–1949 |
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.