basis of an erroneous instruction (Tennessee) · Go Syfert
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basis of an erroneous instruction in Tennessee

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.

Followed or applied (5)

CaseFollowedCited
State v. Jamesgreen
tenn · 2010 · cited in 12 Tennessee opinions naming this issue, 2014–2025
2 sentences

2025“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).

1212
State v. Faulknergreen
tenn · 2005 · cited in 5 Tennessee opinions naming this issue, 2014–2020
2 sentences

2020“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).

55
State v. Rimmergreen
tenn · 2008 · cited in 4 Tennessee opinions naming this issue, 2010–2021
2 sentences

2021“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)).

34
State v. Rushgreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019“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.

11
State v. Bowmangreen
tenncrimapp · 2009 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018In 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.

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
State of Tennessee v. Michael Smith green
tenn · 2016
1 sentence

2019“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.

12019–2019
Cupp v. Naughten green
scotus · 1973
2 sentences

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

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

12010–2010

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-11-106 (4) TN § Tenn. Code Ann. § 39-13-202 (4) TN § Tenn. Code Ann. § 39-12-101 (3) TN § Tenn. Code Ann. § 39-13-501 (3) TN § Tenn. Code Ann. § 40-35-115 (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 13 (2010–2025) CA 3 (1994–2000)

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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