evidence adduced hearing (Tennessee) · Go Syfert
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evidence adduced hearing in Tennessee

13 Tennessee opinions name it 3 courts 1997–2022 1 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 (8)

CaseFollowedCited
Clenny v. Stategreen
tenncrimapp · 1978 · cited in 6 Tennessee opinions naming this issue, 1997–1998
2 sentences

1998See Clenny v. State, 576 S.W.2d 12, 14 (Tenn. Crim.

1998See Clenny v. State, 576 S.W.2d 12, 14 (Tenn. Crim.

66
Butler v. Stategreen
tenn · 1990 · cited in 5 Tennessee opinions naming this issue, 1997–1998
2 sentences

1998Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990); Adkins v. State, 911 S.W.2d 334, 347 (Tenn. Crim.

1998Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990); Adkins v. State, 911 S.W.2d 334, 347 (Tenn. Crim.

55
Adkins v. Stategreen
tenncrimapp · 1995 · cited in 5 Tennessee opinions naming this issue, 1997–1998
2 sentences

1998Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990); Adkins v. State, 911 S.W.2d 334, 347 (Tenn. Crim.

1998Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990); Adkins v. State, 911 S.W.2d 334, 347 (Tenn. Crim.

55
State v. Garrettgreen
tenn · 2011 · cited in 4 Tennessee opinions naming this issue, 2013–2022
2 sentences

2022The trial court must base its decision regarding severance on “the evidence and arguments presented at the hearing,” and, as a result, our review on appeal is limited “to that evidence, along with the trial court’s findings of fact and conclusions of law.” Spicer, 12 S.W.3d 438, 445 (Tenn. 2000); see also Garrett, 331 S.W.3d at 404 (supreme court conducted its “analysis on the basis of the evidence adduced at [the d]efendant’s trial instead of only the evidence adduced at the hearing” because the trial court failed to hold a pretrial hearing).

2014The trial court must base its decision regarding severance on “the evidence and arguments presented at the hearing,” and, as a result, our review on appeal is limited “to that evidence, along with the trial court’s findings of fact and conclusions of law.” Spicer, 12 S.W.3d at 445 ; see also Garrett, 331 S.W.3d at 404 (where supreme court conducted its “analysis on the basis of the evidence adduced at [the d]efendant’s trial instead of only the evidence adduced at the hearing” because trial court failed to hold a pretrial hearing).

44
Spicer v. Stategreen
tenn · 2000 · cited in 5 Tennessee opinions naming this issue, 2011–2022
2 sentences

2022The trial court must base its decision regarding severance on “the evidence and arguments presented at the hearing,” and, as a result, our review on appeal is limited “to that evidence, along with the trial court’s findings of fact and conclusions of law.” Spicer, 12 S.W.3d 438, 445 (Tenn. 2000); see also Garrett, 331 S.W.3d at 404 (supreme court conducted its “analysis on the basis of the evidence adduced at [the d]efendant’s trial instead of only the evidence adduced at the hearing” because the trial court failed to hold a pretrial hearing).

2014The trial court must base its decision regarding severance on “the evidence and arguments presented at the hearing,” and, as a result, our review on appeal is limited “to that evidence, along with the trial court’s findings of fact and conclusions of law.” Spicer, 12 S.W.3d at 445 ; see also Garrett, 331 S.W.3d at 404 (where supreme court conducted its “analysis on the basis of the evidence adduced at [the d]efendant’s trial instead of only the evidence adduced at the hearing” because trial court failed to hold a pretrial hearing).

25
Sherrod v. Wixgreen
tennctapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019In the absence of a transcript or statement of the evidence, we must “assume that the record, had it been preserved, would have contained sufficient evidence to support the trial court’s factual findings.” Sherrod v. Wix, 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992).

11
State of Tennessee v. Ronald Prenticegreen
tenncrimapp · 2001 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011See Toliver, 117 S.W.3d at 228 n. 4; State v. Prentice, 113 S.W.3d 326, 331-32 (Tenn.Crim.App.2001) (where record contained neither trial court’s order consolidating offenses nor transcript of any hearing, appellate court will review evidence adduced at trial); cf. Spicer, 12 S.W.3d at 445 (providing that, “because the trial court’s decision of whether to consolidate offenses is determined from the evidence presented at the hearing, appellate courts should usually only look to that evidence, along with the trial court’s findings of fact and conclusions of law, to determine whether the trial co

11
State v. Tolivergreen
tenn · 2003 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011See Toliver, 117 S.W.3d at 228 n. 4; State v. Prentice, 113 S.W.3d 326, 331-32 (Tenn.Crim.App.2001) (where record contained neither trial court’s order consolidating offenses nor transcript of any hearing, appellate court will review evidence adduced at trial); cf. Spicer, 12 S.W.3d at 445 (providing that, “because the trial court’s decision of whether to consolidate offenses is determined from the evidence presented at the hearing, appellate courts should usually only look to that evidence, along with the trial court’s findings of fact and conclusions of law, to determine whether the trial co

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
Boykin v. Alabama green
scotus · 1969
1 sentence

1999In Boykin v. Alabama, 395 U.S. 238 (1969), the United States Supreme Court ruled that defendants should be advised of certain of their constitutional rights before entering pleas of guilt.

11999–1999

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-30-210 (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

NY 555 (1936–2026) TX 128 (1916–2024) LA 109 (1925–2025) GA 89 (1904–2021) OH 69 (1925–2024) IL 61 (1913–2025) CA 58 (1914–2026) MO 25 (1960–2023) VA 23 (1992–2020) FL 21 (1955–2019) AL 20 (1891–2015) PA 19 (1900–2022) CT 15 (1975–2015) TN 13 (1997–2022) NC 11 (1936–2021) IN 11 (1909–2015) NJ 9 (1960–2026) CO 8 (1980–2024) NE 8 (1898–2021) DC 8 (1976–2015) MA 7 (1945–2025) AZ 7 (1965–1998) AR 6 (1903–1997) WV 6 (1933–1989) RI 6 (1967–2023) MN 5 (1936–1989) OK 5 (1958–2024) MD 5 (1975–2013) WA 5 (1939–2020) KS 5 (1906–2020) WY 5 (1941–2008) ID 5 (1952–1978) ME 4 (1993–2021) NM 4 (1981–1990) IA 4 (1932–1978) MS 4 (1973–1997) HI 4 (1953–2024) MI 3 (1983–2024) NV 3 (1938–1994) OR 3 (1972–2008) WI 2 (1972–1984) MT 2 (1928–1935) KY 2 (1967–2024) ND 2 (1955–1963) DE 2 (1921–2020)

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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