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13 Tennessee opinions name it 2 courts 2010–2025 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 |
|---|---|---|
State v. Jamesgreen2 sentences2025“In order to determine whether a conviction should be reversed on the basis of an erroneous instruction to the jury, this Court must consider whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.” State v. James, 315 S.W.3d 440, 446 (Tenn. 2010) (citations and internal quotations omitted). 2024Further, “[i]n order to determine whether a conviction should be reversed on the basis of an erroneous instruction to the jury, this [c]ourt must consider whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.” State v. James, 315 S.W.3d 440, 446 (Tenn. 2010) (citation and internal quotation marks omitted). | 12 | 12 |
State v. Faulknergreen2 sentences2020“An instruction should be considered prejudicially erroneous only if the jury charge, when read as a whole, fails to fairly submit the legal issues or misleads the jury as to the applicable law.” State v. Faulkner, 154 S.W.3d 48, 58 (Tenn. 2005). 2016“An instruction should be considered prejudicially erroneous only if the jury charge, when read as a whole, fails to fairly submit the legal issues or misleads the jury as to the applicable law.” State v. Faulkner, 154 S.W.3d 48, 58 (Tenn. 2005). | 5 | 5 |
State v. Rimmergreen2 sentences2021“In order to determine whether a conviction should be reversed on the basis of an erroneous instruction - 10 - to the jury, this Court ‘must consider whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.’” State v. James, 315 S.W.3d 440, 446 (Tenn. 2010) (quoting State v. Rimmer, 250 S.W.3d 12, 31 (Tenn. 2008) (internal quotations omitted)). 2018“In order to determine whether a conviction should be reversed on the basis of an erroneous instruction to the jury, this Court ‘must consider whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.’” State v. James, 315 S.W.3d 440, 446 (Tenn. 2010) (quoting State v. Rimmer, 250 S.W.3d 12, 31 (Tenn. 2008) (internal quotations omitted)). | 3 | 4 |
State v. Rushgreen1 sentence2019“Challenges to jury instructions present mixed questions of law and fact; therefore, we review challenged instructions de novo without a presumption of correctness.” State v. Smith, 492 S.W.3d 224 , (Tenn. 2016) (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001)). 1. | 1 | 1 |
State v. Bowmangreen1 sentence2018In instructing the jury, “[t]he material elements of the charged offense should be described and defined in connection with that offense.” State v. Bowman, 327 S.W.3d 69, 93 (Tenn. Crim. | 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 of Tennessee v. Michael Smith
green
1 sentence2019“Challenges to jury instructions present mixed questions of law and fact; therefore, we review challenged instructions de novo without a presumption of correctness.” State v. Smith, 492 S.W.3d 224 , (Tenn. 2016) (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001)). 1. | 1 | 2019–2019 |
Cupp v. Naughten
green
2 sentences2010In order to determine whether a conviction should be reversed on the basis of an erroneous instruction to the jury, this Court “must consider ‘whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.’ ” Rimmer, 250 S.W.3d at 31 (quoting Cupp v. Naughten, 414 U.S. 141, 147 , 94 S.Ct. 396 , 38 L.Ed.2d 368 (1973)). 2 During the trial, the State asked the court to instruct the jury that “[t]he defendant’s possession of recently stolen goods creates an inference that the defendant has stolen them, as well as committed the burglary ant 2010In order to determine whether a conviction should be reversed on the basis of an erroneous instruction to the jury, this Court “must consider ‘whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.’ ” Rimmer, 250 S.W.3d at 31 (quoting Cupp v. Naughten, 414 U.S. 141, 147 , 94 S.Ct. 396 , 38 L.Ed.2d 368 (1973)). 2 During the trial, the State asked the court to instruct the jury that “[t]he defendant’s possession of recently stolen goods creates an inference that the defendant has stolen them, as well as committed the burglary ant | 1 | 2010–2010 |
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.