12 Tennessee opinions name it 2 courts 1992–2012 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.
| Case | Followed | Cited |
|---|---|---|
Burford v. Stategreen2 sentences2012In reaching this conclusion, the Court found that Burford’s “interest against serving an excessive sentence in violation of his constitutional rights” outweighed the State’s interests in “administrative efficiency and economy” and in “preventing the litigation of stale and fraudulent claims.” Id. at 209 (“In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, and ‘the fact that a given law or procedure is efficient, convenient, and useful in facilitati 2012In reaching this conclusion, the Court found that Burford’s “interest against serving an excessive sentence in violation of his constitutional rights” outweighed the State’s interests in “administrative efficiency and economy” and in “preventing the litigation of stale and fraudulent claims.” Id. at 209 (“In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, and ‘the fact that a given law or procedure is efficient, convenient, and useful in facilitati | 2 | 5 |
Immigration & Naturalization Service v. Chadhagreen2 sentences2012In reaching this conclusion, the Court found that Burford’s “interest against serving an excessive sentence in violation of his constitutional rights” outweighed the State’s interests in “administrative efficiency and economy” and in “preventing the litigation of stale and fraudulent claims.” Id. at 209 (“In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, and ‘the fact that a given law or procedure is efficient, convenient, and useful in facilitati 2012In reaching this conclusion, the Court found that Burford’s “interest against serving an excessive sentence in violation of his constitutional rights” outweighed the State’s interests in “administrative efficiency and economy” and in “preventing the litigation of stale and fraudulent claims.” Id. at 209 (“In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, and ‘the fact that a given law or procedure is efficient, convenient, and useful in facilitati | 2 | 3 |
Williams v. Stategreen2 sentences2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn.2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn.2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn.1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). 2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn. 2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn. 2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn. 1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). | 2 | 2 |
State v. Lewtergreen1 sentence2011See Lewter, 313 S.W.3d at 751 . | 1 | 1 |
Sanders v. United Statesgreen2 sentences1992In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, Sanders v. United States, 373 U.S. 1, 8 , 83 S.Ct. 1068, 1073 , 10 L.Ed.2d 148, 157 (1963), and "the fact that a given law or procedure is efficient, convenient, and useful in facilitating functions of government, standing alone, will not save it if it is contrary to the Constitution." I.N.S. v. Chadha, 462 U.S. 919, 944 , 103 S.Ct. 2764, 2781 , 77 L.Ed.2d 317, 340 (1983). 1992In criminal litigation, where an alleged infringement of a constitutional right often affects life or liberty, conventional notions of finality associated with civil litigation have less importance, Sanders v. United States, 373 U.S. 1, 8 , 83 S.Ct. 1068, 1073 , 10 L.Ed.2d 148, 157 (1963), and "the fact that a given law or procedure is efficient, convenient, and useful in facilitating functions of government, standing alone, will not save it if it is contrary to the Constitution." I.N.S. v. Chadha, 462 U.S. 919, 944 , 103 S.Ct. 2764, 2781 , 77 L.Ed.2d 317, 340 (1983). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Blakely v. Washington
green
2 sentences2005EXCESSIVE SENTENCE The defendant contends that the trial court erred in enhancing his sentence under the rule announced in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and in failing to apply as a factor in mitigation the fact that he sold drugs to provide for his family. 2005EXCESSIVE SENTENCE The defendant contends that the trial court erred in enhancing his sentence under the rule announced in Blakely v. Washington, 542 U.S. 296 , 124 S. Ct. 2531 (2004), and in failing to apply as a factor in mitigation the fact that he sold drugs to provide for his family. | 5 | 2005–2006 |
Sands v. State
green
2 sentences2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn.2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn.2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn.1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). 2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn. 2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn. 2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn. 1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). | 2 | 2012–2012 |
John Paul Seals v. State of Tennessee
green
2 sentences2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn.2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn.2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn.1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). 2012See, e.g., Williams v. State, 44 S.W.3d 464 (Tenn. 2001) (recognizing a possible due process violation based upon counsel misrepresenting the fact that appellate review was being sought); Seals v. State, 23 S.W.3d 272 (Tenn. 2000) (recognizing a possible due process violation where mental incompetence prevents an inmate from filing a post-conviction petition); Sands v. State, 903 S.W.2d 297 (Tenn. 1995) (providing a three-part test for applying Burford and noting that courts should consider whether the grounds for the claim at issue arose after the statute of limitations began to run). | 2 | 2012–2012 |
State v. Gomez
green
1 sentence2011Consequently, it reversed the judgment of the Court of Criminal Appeals and remanded the case to this court for consideration of the remaining two issues: (1) whether the trial court imposed an excessive sentence in violation of Gomez, 239 S.W.3d at 740 ; and (2) whether the State engaged in misconduct during closing arguments. | 1 | 2011–2011 |
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.
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.