manner defense (Tennessee) · Go Syfert
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manner defense in Tennessee

12 Tennessee opinions name it 3 courts 1975–2025 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 (9)

CaseFollowedCited
Henry Zillon Felts v. State of Tennesseegreen
tenn · 2011 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020Felts v. State, 354 S.W.3d 266, 281 (Tenn. 2011).

11
State v. Williamsgreen
tenn · 1985 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014“When the reliability of a witness may well be determinative of guilt or innocence, the non-disclosure of evidence affecting his credibility may justify a new trial, regardless of the good or bad faith of the prosecutor.” State v. Williams, 690 S.W.2d 517, 525 (Tenn. 1985). 52 Given the importance of Mr. Hammack’s testimony to the prosecution’s case and the manner in which the defense could have used his third statement to cast the proof at trial in a different light, we have no hesitation in concluding that Mr. Hammack’s third statement was material.

11
Sherrod v. Wixgreen
tennctapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012They rely upon the cases of Sherrod v. Wix, 849 S.W.2d 780, 785 ([Tenn. Ct. App.] 1992), Kahn v. Kahn, 756 S.W.2d 685, 696 (Tenn. 1988), and Wilson Management Co. Star Distributors Co., 745 S.W.2d 870, 873 (Tenn. 1988).

11
Kahn v. Kahngreen
tenn · 1988 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012They rely upon the cases of Sherrod v. Wix, 849 S.W.2d 780, 785 ([Tenn. Ct. App.] 1992), Kahn v. Kahn, 756 S.W.2d 685, 696 (Tenn. 1988), and Wilson Management Co. Star Distributors Co., 745 S.W.2d 870, 873 (Tenn. 1988).

11
People v. McKinnongreen
cal · 2011 · cited in 1 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012When potential jurors in McKinnon indicated by their responses to several written questions that they would always vote in a certain manner and defense counsel declined an offer for further examination, the court ruled that removal is proper if there is “sufficient information ... to permit a reliable determination that the juror’s death penalty views would prevent or substantially impair the performance of his or her duties.” Id., 130 Cal.Rptr.3d 590 , 259 P.3d at 1219 (internal quotation marks omitted); see also People v. Avila, 38 Cal.4th 491 , 43 Cal.Rptr.3d 1 , 133 P.3d 1076, 1105 (2006)

2012When potential jurors in McKinnon indicated by their responses to several written questions that they would always vote in a certain manner and defense counsel declined an offer for further examination, the court ruled that removal is proper if there is “sufficient information ... to permit a reliable determination that the juror’s death penalty views would prevent or substantially impair the performance of his or her duties.” Id., 130 Cal.Rptr.3d 590 , 259 P.3d at 1219 (internal quotation marks omitted); see also People v. Avila, 38 Cal.4th 491 , 43 Cal.Rptr.3d 1 , 133 P.3d 1076, 1105 (2006)

11
Wilson Management Co. v. Star Distributors Co.green
tenn · 1988 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012They rely upon the cases of Sherrod v. Wix, 849 S.W.2d 780, 785 ([Tenn. Ct. App.] 1992), Kahn v. Kahn, 756 S.W.2d 685, 696 (Tenn. 1988), and Wilson Management Co. Star Distributors Co., 745 S.W.2d 870, 873 (Tenn. 1988).

11
People v. Avilagreen
cal · 2006 · cited in 1 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012When potential jurors in McKinnon indicated by their responses to several written questions that they would always vote in a certain manner and defense counsel declined an offer for further examination, the court ruled that removal is proper if there is “sufficient information ... to permit a reliable determination that the juror’s death penalty views would prevent or substantially impair the performance of his or her duties.” Id., 130 Cal.Rptr.3d 590 , 259 P.3d at 1219 (internal quotation marks omitted); see also People v. Avila, 38 Cal.4th 491 , 43 Cal.Rptr.3d 1 , 133 P.3d 1076, 1105 (2006)

2012When potential jurors in McKinnon indicated by their responses to several written questions that they would always vote in a certain manner and defense counsel declined an offer for further examination, the court ruled that removal is proper if there is “sufficient information ... to permit a reliable determination that the juror’s death penalty views would prevent or substantially impair the performance of his or her duties.” Id., 130 Cal.Rptr.3d 590 , 259 P.3d at 1219 (internal quotation marks omitted); see also People v. Avila, 38 Cal.4th 491 , 43 Cal.Rptr.3d 1 , 133 P.3d 1076, 1105 (2006)

11
JEB v. Alabama Ex Rel. TBgreen
scotus · 1994 · cited in 1 Tennessee opinions naming this issue, 2006–2006
2 sentences

2006T.B., 511 U.S. 127, 129 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994), the United States Supreme Court held that “gender, like race, is an unconstitutional proxy for juror competence and impartiality.” We analyze a party’s claim that a peremptory challenge is impermissibly gender-based in the same manner as a claim that a challenge is racially motivated.

2006T.B., 511 U.S. 127, 129 , 114 S.Ct. 1419 , 128 L.Ed.2d 89 (1994), the United States Supreme Court held that “gender, like race, is an unconstitutional proxy for juror competence and impartiality.” We analyze a party’s claim that a peremptory challenge is impermissibly gender-based in the same manner as a claim that a challenge is racially motivated.

11
State v. Callahangreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999See State v. Callahan, 979 S.W.2d 577 (Tenn. 1998).

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
Leland v. Oregon green
scotus · 1952
2 sentences

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

21983–1993
Powell v. Texas green
scotus · 1968
2 sentences

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

21983–1993
Patterson v. New York green
scotus · 1977
2 sentences

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

1993Patterson v. New York, 432 U.S. 197 , 97 S.Ct. 2819 , 53 L.Ed.2d 281 (1977); Powell v. Texas, 392 U.S. 514 , 88 S.Ct. 2145 , 20 L.Ed.2d 1254 (1968); Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

21983–1993
Bara v. Clarksville Memorial Health Systems, Inc. green
tennctapp · 2002
1 sentence

2025Bara, 104 S.W.3d at 3 .

12025–2025
Killingsworth v. Ted Russell Ford, Inc. green
tenn · 2006
2 sentences

2009This is not presented in this appeal and is appropriate for the parties and the court to address on remand. -16- Both parties agree that Killingsworth v. Ted Russell Ford Inc., 205 S.W.3d 406 (Tenn. 2006) is controlling on this issue. “[A] plaintiff may be awarded reasonable attorney’s fees incurred during an appeal on a claim brought under the TCPA where one or more of the TCPA’s provision has been violated” since, as with the award of attorneys’ fees at the trial level, “[t]he same concern with economic viability applies equally to appellate attorney’s fees.” Killingsworth, 205 S.W.3d at 410

2009This is not presented in this appeal and is appropriate for the parties and the court to address on remand. -16- Both parties agree that Killingsworth v. Ted Russell Ford Inc., 205 S.W.3d 406 (Tenn. 2006) is controlling on this issue. “[A] plaintiff may be awarded reasonable attorney’s fees incurred during an appeal on a claim brought under the TCPA where one or more of the TCPA’s provision has been violated” since, as with the award of attorneys’ fees at the trial level, “[t]he same concern with economic viability applies equally to appellate attorney’s fees.” Killingsworth, 205 S.W.3d at 410

12009–2009
Bell v. Kelso Oil Co. green
tenn · 1980
1 sentence

1982Frank Piper, Jr., the owner of Piper’s Exxon, expressed the opinion that the driver of the truck, Charles Wilson, and Cora Diane Jamerson, his passenger, had conspired to “get” Cornelia Skinner Person and Frank Piper, Jr. Upon the foregoing facts which are undisputed and upon the authority of Bell v. Kelso Oil Co., Tenn., 597 S.W.2d 731 (1980) and cases therein cited, we affirm the determination of the trial court that the death of the employee in this case was accidental and arose out of and in the course of her employment.

11982–1982
Plager v. Plager neutral
nj · 1940
1 sentence

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

11975–1975
Ruffin v. Albright neutral
nj · 1940
1 sentence

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

11975–1975
Ruffin v. Albright neutral
nj · 1938
2 sentences

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

11975–1975
Special Indemnity Fund v. Barnes green
okla · 1967
1 sentence

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

11975–1975
Grant v. Neal green
mo · 1964
1 sentence

1975By placing the Second Injury Fund Section, supra, into the Workmen’s Compensation Act and by remaining silent as to the manner in which a claim against the Second Injury Fund is to be perfected and considered, the legislature undoubtedly intended that the established procedure of administrative disposition by the Board, and all pertinent provisions of the Act for that matter, be equally applicable to a claim against the Second Injury Fund as they are applicable to claims against insurance carriers. . . .” For decisions of like import see, Grant v. Neal, 381 S.W.2d 838 (Mo.1964); Ruffin v. Albr

11975–1975

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-202 (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 142 (1859–2026) CA 92 (1911–2025) TX 84 (1923–2026) IL 48 (1886–2026) PA 47 (1869–2025) OH 39 (1962–2025) FL 31 (1922–2024) MI 30 (1934–2023) GA 27 (1889–2026) AL 24 (1906–2025) CT 24 (1859–2020) NC 22 (1905–2024) NJ 19 (1939–2024) MO 19 (1884–2023) MN 17 (1902–2019) WA 15 (1980–2021) IN 15 (1887–2014) WV 12 (1873–2023) TN 12 (1975–2025) LA 12 (1953–2020) RI 12 (1965–2022) OK 11 (1913–2020) MS 10 (1993–2023) AZ 9 (1966–2026) WI 9 (1950–2019) ND 9 (1945–2022) CO 8 (1981–2026) OR 8 (1961–2023) IA 7 (1895–2019) KS 7 (1918–2014) MD 7 (1968–2024) AR 5 (1983–2019) UT 5 (1996–2019) MA 4 (1974–2015) VA 4 (1963–2016) DC 4 (1979–1990) MT 3 (1928–2023) ID 3 (1910–1989) KY 3 (2014–2021) HI 3 (1978–2022) SD 3 (1928–2013) VT 3 (1933–1991) NE 2 (1896–1939) DE 2 (1972–1987) NV 2 (1965–2013) PR 2 (1954–1986)

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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