careful analysis in Tennessee

13 Tennessee opinions name it 3 courts 1944–2020 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 (6)

Case	Followed	Cited
Robinson v. Shell Oil Co.green scotus · 1997 · cited in 1 Tennessee opinions naming this issue, 2009–2009 2 sentences 2009As always, the “first step in interpreting a statute is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case.” Robinson v. Shell Oil Co., 519 U.S. 337, 340 , 117 S.Ct. 843 , 136 L.Ed.2d 808 (1997). 2009As always, the “first step in interpreting a statute is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case.” Robinson v. Shell Oil Co., 519 U.S. 337, 340 , 117 S.Ct. 843 , 136 L.Ed.2d 808 (1997).	1	1
Bailey v. County of Shelbygreen tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2007–2007 2 sentences 2007After a careful analysis of the charter county government under article VII, section 1 of the Constitution of the State of Tennessee and the enabling legislation found at Tennessee Code Annotated section 5-1-201 to -215, this Court reversed the Court of Appeals’ decision in Bailey v. County of Shelby, 188 S.W.3d 539, 546 (Tenn.2006). 2007A unanimous Court observed that “Article VII [of the Tennessee Constitution] grant[ed] broad authority to a county to go so far as to replace its existing government in favor of an alternate government, provided the people approve.” 188 S.W.3d at 546 .	1	1
State v. Mossgreen tenncrimapp · 1999 · cited in 1 Tennessee opinions naming this issue, 2004–2004 1 sentence 2004See State v. Moss, 13 S.W.3d 374, 383-84 (Tenn. Crim.	1	1
Connors v. Connorsgreen tenn · 1980 · cited in 1 Tennessee opinions naming this issue, 2003–2003 1 sentence 2003The Court then determined that the fee at issue was within the range of reasonableness upon a careful analysis of the factors determining the reasonableness of an attorney’s fees, specifically those set out in the fee agreement and those enumerated in Connors v. Connors, 594 S.W.2d 672, 676 (Tenn. 1980).	1	1
International Paper Co. v. Commissioner of Revenue Servicesgreen connsuperct · 1992 · cited in 1 Tennessee opinions naming this issue, 1996–1996 2 sentences 1996Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U.S. at 785 , 112 S.Ct. at 2262 ; ASARCO, Inc. v. Idaho State Tax Comm’n, 458 U.S. at 329 n. 24, 102 S.Ct. at 3116 n. 24; International Paper Co. v. Commissioner of Revenue Servs., 42 Conn.Supp. 356 , 621 A2d 330, 332 (1992). 1996Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U.S. at 785 , 112 S.Ct. at 2262 ; ASARCO, Inc. v. Idaho State Tax Comm’n, 458 U.S. at 329 n. 24, 102 S.Ct. at 3116 n. 24; International Paper Co. v. Commissioner of Revenue Servs., 42 Conn.Supp. 356 , 621 A2d 330, 332 (1992).	1	1
Mercer v. Commonwealthgreen kyctapp · 1994 · cited in 1 Tennessee opinions naming this issue, 1995–1995 1 sentence 1995See Lindsey v. Strohs Cos., Inc., 880 S.W.2d 899 (Tenn.1992).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Birchfield v. N. Dakota. William Robert Bernard green scotus · 2016 1 sentence 2020Following a careful analysis, the Court held “that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving” but that because “[b]lood tests are significantly more intrusive, and their reasonableness must be judged in light of the availability of the less invasive alternative of a breath test,” “no satisfactory justification” exists “for demanding the more intrusive alternative without a warrant.” Id. at 2184 .	1	2020–2020
Tucker v. Sierra Builders green tennctapp · 2005 1 sentence 2016Tucker, 180 S.W.3d at 120 .	1	2016–2016
Jackson v. Virginia red scotus · 1979 2 sentences 2001In assessing the sufficiency of the evidence, we apply the rule that where sufficiency of the convicting evidence is challenged, the relevant question of the reviewing court is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense charged beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979). 2001In assessing the sufficiency of the evidence, we apply the rule that where sufficiency of the convicting evidence is challenged, the relevant question of the reviewing court is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense charged beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781, 2789 , 61 L.Ed.2d 560 (1979).	1	2001–2001
Jane Doe v. Claiborne County, Tennessee green ca6 · 1996 2 sentences 1999Doe v. Claiborne County, Tenn., 103 F.3d 495, 515 (6th Cir.1996). 1999Doe v. Claiborne County, Tenn., 103 F.3d 495, 515 (6th Cir.1996).	1	1999–1999
Daubert v. Merrell Dow Pharmaceuticals, Inc. green scotus · 1993 2 sentences 1999Indeed, “[vigorous cross-examination, presentation of contrary evidence, and a careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 596 , 113 S.Ct. 2786, 2798 , 125 L.Ed.2d 469 (1993). 1999Indeed, “[vigorous cross-examination, presentation of contrary evidence, and a careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 596 , 113 S.Ct. 2786, 2798 , 125 L.Ed.2d 469 (1993).	1	1999–1999
Allied-Signal, Inc. Ex Rel. Bendix Corp. v. Director, Division of Taxation green scotus · 1992 2 sentences 1996Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U.S. at 785 , 112 S.Ct. at 2262 ; ASARCO, Inc. v. Idaho State Tax Comm’n, 458 U.S. at 329 n. 24, 102 S.Ct. at 3116 n. 24; International Paper Co. v. Commissioner of Revenue Servs., 42 Conn.Supp. 356 , 621 A2d 330, 332 (1992). 1996Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U.S. at 785 , 112 S.Ct. at 2262 ; ASARCO, Inc. v. Idaho State Tax Comm’n, 458 U.S. at 329 n. 24, 102 S.Ct. at 3116 n. 24; International Paper Co. v. Commissioner of Revenue Servs., 42 Conn.Supp. 356 , 621 A2d 330, 332 (1992).	1	1996–1996
ASARCO Inc. v. Idaho State Tax Commission green scotus · 1982 1 sentence 1996Allied-Signal, Inc. v. Director, Div. of Taxation, 504 U.S. at 785 , 112 S.Ct. at 2262 ; ASARCO, Inc. v. Idaho State Tax Comm’n, 458 U.S. at 329 n. 24, 102 S.Ct. at 3116 n. 24; International Paper Co. v. Commissioner of Revenue Servs., 42 Conn.Supp. 356 , 621 A2d 330, 332 (1992).	1	1996–1996
State v. Martin red tenn · 1985 1 sentence 1989As our Supreme Court said in State v. Martin, 702 S.W.2d 560 (Tenn.1985): They are merely “patterns” or suggestions and serve no other purpose.	1	1989–1989
McNicol's Case green · 1913 2 sentences 1954We again refer to the definition of the term or statement of the term above quoted from Scott v. Shinn, supra. A careful analysis of this opinion will show the reader that this conclusion is largely based upon an opinion of the Supreme Court of Massachusetts in the McNicol’s Case, 215 Mass. 497 , 102 N. E. 697 , L. 1954We again refer to the definition of the term or statement of the term above quoted from Scott v. Shinn, supra. A careful analysis of this opinion will show the reader that this conclusion is largely based upon an opinion of the Supreme Court of Massachusetts in the McNicol's Case, 215 Mass. 497 , 102 N.E. 697 , L.R.A. 1916A, 306 .	1	1954–1954
Burnet v. Whitehouse green scotus · 1931 2 sentences 1944In our opinion we cited the case of Burnet v. Whitehouse, supra. It is expressly said in the course of that opinion that "Irwin v. Gavit is not applicable." 283 U.S. 148 , 51 S.Ct., at page 376 , 75 L.Ed. at page 918 , 73 A.L.R., 1534 . 1944In our opinion we cited the case of Burnet v. Whitehouse, supra. It is expressly said in the course of that opinion that "Irwin v. Gavit is not applicable." 283 U.S. 148 , 51 S.Ct., at page 376 , 75 L.Ed. at page 918 , 73 A.L.R., 1534 .	1	1944–1944

Where else courts name it

CA 147 (1905–2026) NY 125 (1885–2026) TX 106 (1914–2025) PA 76 (1908–2025) IL 73 (1901–2025) NJ 49 (1924–2025) FL 41 (1929–2018) MO 37 (1877–2014) NC 36 (1907–2023) LA 34 (1920–2018) WI 30 (1901–2023) IA 26 (1905–2017) OH 26 (1936–2022) CO 25 (1912–2026) MN 24 (1935–2024) MI 24 (1859–2024) MA 22 (1945–2026) OR 22 (1912–2026) WA 19 (1913–2026) KS 19 (1879–2024) MD 16 (1921–2026) NM 16 (1937–2011) MT 16 (1923–2025) WY 15 (1935–2013) GA 14 (1908–2024) ID 14 (1933–2023) KY 13 (1869–2019) OK 13 (1916–2003) TN 13 (1944–2020) AL 13 (1911–2018) SC 12 (1916–2011) AZ 12 (1937–2013) IN 12 (1878–1994) DE 11 (1925–2026) CT 10 (1939–1999) DC 10 (1953–2023) SD 8 (1927–2003) MS 8 (1968–2003) UT 8 (1910–2020) VT 7 (1998–2019) NE 6 (1931–2003) AK 6 (1970–2004) RI 5 (1981–2012) AR 5 (1917–2000) VA 5 (1919–2009) WV 4 (1917–2023) ND 3 (1916–1971) HI 3 (2017–2023) ME 2 (1982–1982) NV 2 (1982–2025)

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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