exceptions swallow rule (Tennessee) · Go Syfert
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exceptions swallow rule in Tennessee

13 Tennessee opinions name it 2 courts 2013–2025 4 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)

CaseFollowedCited
Artis Whitehead v. State of Tennesseegreen
tenn · 2013 · cited in 8 Tennessee opinions naming this issue, 2014–2025
2 sentences

2016However, our supreme court also warned that, in light of the General Assembly‟s expressed intention to construe the statute of limitations as strictly as possible, “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Whitehead, 402 S.W.3d at 632 (quoting Ex parte Ward, 46 So.3d 888, 897 (Ala. 2007)) (internal quotation marks omitted).

2014The threshold for triggering this form of relief is “very high, lest the exceptions swallow the rule.” Whitehead v. State, 402 S.W.3d at 632 (quoting United States v. Marcello, 212 F.3d 1005 , 1010 *23 (7th Cir.2000)).

58
United States v. James Marcello and Anthony Zizzogreen
ca7 · 2000 · cited in 5 Tennessee opinions naming this issue, 2013–2018
2 sentences

2018The Alabama Supreme Court has also noted that “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Ex parte Ward, 46 So.3d 888, 897 (Ala. 2007) (quoting United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000)).

2015The threshold for triggering this form of relief is “very high, lest the exceptions swallow the rule.” Whitehead v. State, 402 S.W.3d at 632 (quoting United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000)).

45
Derrick Brandon Bush v. State of Tennesseegreen
tenn · 2014 · cited in 4 Tennessee opinions naming this issue, 2015–2025
2 sentences

2025Our supreme court has cautioned that the threshold for due process tolling “is very high, lest the exceptions swallow the rule.” Bush, 428 S.W.3d at 22 (citation modified).

2024Our supreme court has cautioned that the threshold for obtaining due process tolling “is very high, lest the exceptions swallow the rule.” Bush, 428 S.W.3d at 22 (cleaned up).

34
Ex Parte Wardgreen
ala · 2007 · cited in 3 Tennessee opinions naming this issue, 2013–2018
2 sentences

2018The Alabama Supreme Court has also noted that “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Ex parte Ward, 46 So.3d 888, 897 (Ala. 2007) (quoting United States v. Marcello, 212 F.3d 1005, 1010 (7th Cir. 2000)).

2016However, our supreme court also warned that, in light of the General Assembly‟s expressed intention to construe the statute of limitations as strictly as possible, “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Whitehead, 402 S.W.3d at 632 (quoting Ex parte Ward, 46 So.3d 888, 897 (Ala. 2007)) (internal quotation marks omitted).

33
State v. Nixgreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021See Tenn. Sup. Ct. R. 28, § 5(F)(4) (“A petition may be dismissed without a hearing if it . . . does not state the reasons that the claim is not barred by the statute of limitations.”); see also State v. Nix, 40 S.W.3d 459, 464-65 (Tenn. 2001).

11
Holland v. Floridagreen
scotus · 2010 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014As a result, “the threshold necessary to trigger equitable tolling is very high, lest the exceptions swallow the rule.” Id. at 632 (citations omitted).

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-30-102 (13) TN § Tenn. Code Ann. § 40-30-103 (7) TN § Tenn. Code Ann. § 40-30-106 (4) TN § Tenn. Code Ann. § 40-30-117 (4) TN § Tenn. Code Ann. § 40-30-101 (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 (2013–2025) AL 12 (2007–2026) AZ 2 (2007–2007) MN 2 (2012–2016)

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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