Dusky standard (Tennessee) · Go Syfert
← Tennessee issues

Dusky standard in Tennessee

12 Tennessee opinions name it 2 courts 1988–2016 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 (5)

CaseFollowedCited
State v. Blackgreen
tenn · 1991 · cited in 6 Tennessee opinions naming this issue, 1998–2016
2 sentences

2016Our supreme court, adopting the Dusky factors, held that “[t]he standard for determining competency to stand trial is whether the accused has „the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.‟” State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991) (quoting Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

2016Our supreme court, adopting the Dusky factors, held that “[t]he standard for determining competency to stand trial is whether the accused has „the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.‟” State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991) (quoting Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

66
MacKey v. Stategreen
tenncrimapp · 1975 · cited in 6 Tennessee opinions naming this issue, 1988–2016
2 sentences

2016Our supreme court, adopting the Dusky factors, held that “[t]he standard for determining competency to stand trial is whether the accused has „the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.‟” State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991) (quoting Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

2016Our supreme court, adopting the Dusky factors, held that “[t]he standard for determining competency to stand trial is whether the accused has „the capacity to understand the nature and object of the proceedings against him, to consult with counsel and to assist in preparing his defense.‟” State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991) (quoting Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

46
State v. Bentongreen
tenncrimapp · 1988 · cited in 5 Tennessee opinions naming this issue, 1998–2010
2 sentences

2010State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991); State v. Benton, 759 S.W.2d at 429 ; Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

2010State v. Black, 815 S.W.2d 166, 174 (Tenn. 1991); State v. Benton, 759 S.W.2d at 429 ; Mackey v. State, 537 S.W.2d 704, 707 (Tenn. Crim.

45
Dusky v. United Statesgreen
scotus · 1960 · cited in 5 Tennessee opinions naming this issue, 2006–2016
2 sentences

2009Specifically, the trial judge asked defense counsel about Defendant's "ability to communicate with you, to discuss the case with you as far as preparation for the guilt or innocence phase of the trial?” Defendant asserts that the trial judge's focus "should have been on Defendant’s ability to rationally understand and assist in his defense, particularly with respect to the sentencing phase of the trial.” We acknowledge that the Dusky test of competency is whether Defendant had “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding-and whether

2009Specifically, the trial judge asked defense counsel about Defendant's "ability to communicate with you, to discuss the case with you as far as preparation for the guilt or innocence phase of the trial?” Defendant asserts that the trial judge's focus "should have been on Defendant’s ability to rationally understand and assist in his defense, particularly with respect to the sentencing phase of the trial.” We acknowledge that the Dusky test of competency is whether Defendant had “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding-and whether

15
State v. Harrisongreen
tenn · 2008 · cited in 1 Tennessee opinions naming this issue, 2016–2016
2 sentences

2016App. 1975)); see also Harrison, 270 S.W.3d at 33 .

2016App. 1975)); see also Harrison, 270 S.W.3d at 33 .

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
State v. Leming green
tenncrimapp · 1998
2 sentences

2016Id. (citing Dusky, 362 U.S. at 402 ).

2016Id. (citing Dusky, 362 U.S. at 402 ).

12016–2016

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 33-7-301 (6)

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

CA 21 (1994–2026) TN 12 (1988–2016) TX 8 (1979–2016) CT 8 (1999–2014) CO 7 (1985–2018) NC 6 (2011–2023) FL 5 (1985–2025) MS 4 (1983–2020) VT 4 (1994–2005) WA 4 (2017–2025) IA 4 (2009–2021) WI 4 (1997–2014) NH 4 (1985–2019) AZ 3 (1985–2020) DC 3 (1990–2005) OR 3 (2018–2026) AL 3 (1978–1987) OH 3 (2007–2022) KY 2 (2009–2013) NV 2 (2024–2026) DE 2 (2019–2023) MD 2 (1977–2015) IN 2 (2007–2008) MT 2 (1982–1982) NY 2 (2004–2004)

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.

← Caselaw search · G Cite Topics · Brief Check