establishment clause (Tennessee) · Go Syfert
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establishment clause in Tennessee

12 Tennessee opinions name it 3 courts 1917–2013 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 (4)

CaseFollowedCited
McMannus v. Stategreen
tenn · 1858 · cited in 2 Tennessee opinions naming this issue, 1992–2002
2 sentences

2002In Bryan, a panel of this Court confirmed that the purpose of the privilege is to shelter client confidences and thus protect both the client and a relationship which is a mainstay of our system of justice and quoted the following from McMannus v. State, 39 Tenn. 213, 215-16 (1858): -8- “Sound public policy seems to have required the establishment of the rule that facts communicated by a client to his counsel are under the seal of confidence, and cannot be disclosed in proof.

1992T.C.A. § 23-3-105 provides that “[n]o attorney ... shall be permitted, in giving testimony against a client, or person who consulted him professionally, to disclose any communication made to him as such by such person, during the pendency of the suit, before or afterwards, to his injury.” In McMannus v. State, 39 Tenn. 213 (1858), the purpose of the privilege was explained as follows: Sound public policy seems to have required the establishment of the rule that facts communicated by a client to his counsel are under the seal of confidence, and cannot be disclosed in proof.

12
Aatco Transmission Co. v. Hollinsgreen
texapp · 1984 · cited in 1 Tennessee opinions naming this issue, 1995–1995
2 sentences

1995State v. Edwards, 682 S.W.2d 682, 697 (Tenn.Cr.App.1993).

1995State v. Edwards, 682 S.W.2d 682, 697 (Tenn.Cr.App. 1993).

11
State v. Holdengreen
nc · 1987 · cited in 1 Tennessee opinions naming this issue, 1993–1993
2 sentences

1993State v. Parks, 331 N.C. 649, 658 , 417 S.E.2d 467, 472 (1992) (quoting State v. Holden, 321 N.C. 125, 136 , 362 S.E.2d 513, 522 (1987)).

1993State v. Parks, 331 N.C. 649, 658 , 417 S.E.2d 467, 472 (1992) (quoting State v. Holden, 321 N.C. 125, 136 , 362 S.E.2d 513, 522 (1987)).

11
State v. Parksgreen
· 1992 · cited in 1 Tennessee opinions naming this issue, 1993–1993
2 sentences

1993State v. Parks, 331 N.C. 649, 658 , 417 S.E.2d 467, 472 (1992) (quoting State v. Holden, 321 N.C. 125, 136 , 362 S.E.2d 513, 522 (1987)).

1993State v. Parks, 331 N.C. 649, 658 , 417 S.E.2d 467, 472 (1992) (quoting State v. Holden, 321 N.C. 125, 136 , 362 S.E.2d 513, 522 (1987)).

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 (11)

CaseCitedYears
State v. Edwards green
tenncrimapp · 1993
2 sentences

1998Edwards, 868 S.W.2d at 697 .

1996“The burden is upon the defendant to establish that the expert would be of material assistance in the establishment of his defense theory.” Id.

21996–1998
Maurer v. Young Life green
colo · 1989
1 sentence

2013CPP quotes the Colorado case of Maurer v. Young Life, 779 P.2d 1317 , 1333 n. 21 (Colo.1989), for the proposition that “[a]voiding a narrow construction of property tax exemptions based upon religious use also serves the important purpose of avoiding any detailed governmental inquiry into or resultant endorsement of religion that would be prohibited by the establishment clause of the first amendment to the United States Constitution.” It also relies on Fairview Haven v. Department of Revenue, 153 Ill.App.3d 763 , 106 Ill.Dec. 634 , 506 N.E.2d 341 (1987) and Holy Spirit Association for the Unif

12013–2013
Fairview Haven v. Department of Revenue green
illappct · 1987
2 sentences

2013CPP quotes the Colorado case of Maurer v. Young Life, 779 P.2d 1317 , 1333 n. 21 (Colo.1989), for the proposition that “[a]voiding a narrow construction of property tax exemptions based upon religious use also serves the important purpose of avoiding any detailed governmental inquiry into or resultant endorsement of religion that would be prohibited by the establishment clause of the first amendment to the United States Constitution.” It also relies on Fairview Haven v. Department of Revenue, 153 Ill.App.3d 763 , 106 Ill.Dec. 634 , 506 N.E.2d 341 (1987) and Holy Spirit Association for the Unif

2013CPP quotes the Colorado case of Maurer v. Young Life, 779 P.2d 1317 , 1333 n. 21 (Colo.1989), for the proposition that “[a]voiding a narrow construction of property tax exemptions based upon religious use also serves the important purpose of avoiding any detailed governmental inquiry into or resultant endorsement of religion that would be prohibited by the establishment clause of the first amendment to the United States Constitution.” It also relies on Fairview Haven v. Department of Revenue, 153 Ill.App.3d 763 , 106 Ill.Dec. 634 , 506 N.E.2d 341 (1987) and Holy Spirit Association for the Unif

12013–2013
Holy Spirit Ass'n for the Unification of World Christianity v. Tax Commission green
ny · 1982
2 sentences

2013CPP quotes the Colorado case of Maurer v. Young Life, 779 P.2d 1317 , 1333 n. 21 (Colo.1989), for the proposition that “[a]voiding a narrow construction of property tax exemptions based upon religious use also serves the important purpose of avoiding any detailed governmental inquiry into or resultant endorsement of religion that would be prohibited by the establishment clause of the first amendment to the United States Constitution.” It also relies on Fairview Haven v. Department of Revenue, 153 Ill.App.3d 763 , 106 Ill.Dec. 634 , 506 N.E.2d 341 (1987) and Holy Spirit Association for the Unif

2013CPP quotes the Colorado case of Maurer v. Young Life, 779 P.2d 1317 , 1333 n. 21 (Colo.1989), for the proposition that “[a]voiding a narrow construction of property tax exemptions based upon religious use also serves the important purpose of avoiding any detailed governmental inquiry into or resultant endorsement of religion that would be prohibited by the establishment clause of the first amendment to the United States Constitution.” It also relies on Fairview Haven v. Department of Revenue, 153 Ill.App.3d 763 , 106 Ill.Dec. 634 , 506 N.E.2d 341 (1987) and Holy Spirit Association for the Unif

12013–2013
Roman Catholic Diocese of Jackson v. Morrison green
miss · 2005
1 sentence

2010Roman Catholic Diocese of Jackson v. Morrison, 905 So.2d 1213 , (Miss. 2005).

12010–2010
Lynch v. Donnelly green
scotus · 1984
2 sentences

1995Lynch v. Donnelly, 465 U.S. at 679 , 104 S.Ct. at 1362 .

1995Lynch v. Donnelly, 465 U.S. at 679 , 104 S.Ct. at 1362 .

11995–1995
Lemon v. Kurtzman red
scotus · 1971
2 sentences

1985Lemon v. Kurtzman, 403 U.S. 602, 612-13 , 91 S.Ct. 2105, 2111 , 29 L.Ed.2d 745 (1971).

1985Lemon v. Kurtzman, 403 U.S. 602, 612-13 , 91 S.Ct. 2105, 2111 , 29 L.Ed.2d 745 (1971).

11985–1985
Illinois Ex Rel. McCollum v. Board of Ed. of School Dist. No. 71, Champaign Cty. green
scotus · 1948
2 sentences

1977McCollum v. Board of Education, 333 U.S. 203 , 68 S.Ct. 461 , 92 L.Ed. 649 (1948), where utilization of tax supported public schools in aid of religious instruction was held to violate the establishment clause.

1977McCollum v. Board of Education, 333 U.S. 203 , 68 S.Ct. 461 , 92 L.Ed. 649 (1948), where utilization of tax supported public schools in aid of religious instruction was held to violate the establishment clause.

11977–1977
Everson v. Board of Ed. of Ewing green
scotus · 1947
2 sentences

1977In Everson v. Board of Education of Ewing Tp., 330 U.S. 1 , 67 S.Ct. 504 , 91 L.Ed. 711 (1948), the Supreme Court said: "Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa." 330 U.S. at 16 , 67 S.Ct. at 512 .

1977In Everson v. Board of Education of Ewing Tp., 330 U.S. 1 , 67 S.Ct. 504 , 91 L.Ed. 711 (1948), the Supreme Court said: "Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa." 330 U.S. at 16 , 67 S.Ct. at 512 .

11977–1977
Braunfeld v. Brown green
scotus · 1961
2 sentences

1977We are persuaded that Braunfeld v. Brown, 366 U.S. 599 , 81 S.Ct. 1144 , 6 L.Ed.2d 563 (1961), is sufficiently analogous to the case at bar to control its disposition.

1977We are persuaded that Braunfeld v. Brown, 366 U.S. 599 , 81 S.Ct. 1144 , 6 L.Ed.2d 563 (1961), is sufficiently analogous to the case at bar to control its disposition.

11977–1977
Stephenson v. Burdett green
· 1904
1 sentence

1917Stephenson v. Burdett, 56 W.

11917–1917

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-14-207 (4)

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 89 (1921–2025) NY 53 (1861–2026) FL 43 (1938–2026) OH 42 (1953–2025) WA 42 (1895–2026) MI 39 (1909–2020) IL 39 (1887–2021) PA 39 (1917–2024) NJ 37 (1897–2019) WI 31 (1844–2020) MA 29 (1910–2018) TX 28 (1912–2023) MD 24 (1914–2023) CO 24 (1892–2015) CT 22 (1923–2025) OR 22 (1895–2025) MN 17 (1926–2016) AL 16 (1868–2015) AR 15 (1908–2021) OK 14 (1913–2024) IA 13 (1877–2018) NM 12 (1888–2015) LA 12 (1917–2000) TN 12 (1917–2013) GA 11 (1925–2023) NE 10 (1886–2003) AZ 10 (1960–2016) MO 10 (1906–2011) KS 10 (1901–1996) KY 9 (1899–2023) MS 8 (1950–2005) UT 8 (1986–2022) IN 8 (1942–2005) VA 8 (1925–2015) ME 7 (1844–2006) ID 7 (1890–1996) NC 7 (1874–2011) MT 6 (1878–2012) SC 5 (1846–2021) VT 5 (1979–2017) DC 5 (1982–1997) HI 5 (1987–2020) ND 4 (1895–1986) AK 4 (1979–2022) NV 4 (1959–2022) WV 4 (1950–2014) NH 4 (1967–1995) RI 2 (1919–1980) DE 2 (1974–1990) PR 2 (1942–1956)

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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