12 Tennessee opinions name it 1 courts 1997–2011 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 |
|---|---|---|
State v. Binghamgreen2 sentences2000In order to deny an alternative sentence, which includes full probation, based on the seriousness of the offense, under Tenn. Code Ann. § 40-35-103 (1)(B), “the circumstances of the offense, as committed, [must be] especially violent, horrifying, shocking, reprehensible, offensive, or otherwise of an excessive or exaggerated degree, and the nature of the offense outweighs all factors favoring a sentence other than confinement.” State v. Bingham, 910 S.W.2d at 455 . 2000In order to base a sentence of confinement on the seriousness of the offense, under Tennessee Code Annotated Section 40–35- 103(1)(B), there must be evidence in the record that “the circumstances of the offense, as committed, were especially violent, horrifying, shocking, reprehensible, offensive, or otherwise of an excessive or exaggerated degree, and the nature of the offense outweighs all factors favoring a sentence other than confinement.” State v. Bingham, 910 S.W.2d 448, 455 (Tenn. Crim. | 4 | 5 |
State v. Grissomgreen2 sentences2000State v. Grissom, 956 S.W.2d 514, 520 (Tenn. Crim. 1999State v. Grissom, 956 S.W.2d 514, 520 (Tenn. Crim. | 2 | 2 |
State v. Bottomsgreen1 sentence2011State v. Bottoms, 87 S.W.3d 95, 103 (Tenn. Crim. | 1 | 1 |
State v. Hartleygreen1 sentence2010See State v. Hartley, 818 S.W.2d 370 (Tenn. Crim. | 1 | 1 |
State v. Bostongreen1 sentence1999It is the opinion of this Court that the young age of the victim, the fact that this abuse occurred over a span of five years, the violation of a position of private trust and the circumstances surrounding the incident4 are enough to support a finding that the defendant’s conduct was shocking, reprehensible and offensive to such a degree that the nature of the offense outweighs all factors favoring a sentence other than confinement.5 See State v. Boston, 938 S.W.2d 435, 438 (Tenn. Crim. | 1 | 1 |
State v. Leggsgreen1 sentence1998State v. Leggs, 955 S.W.2d 845, 851 (Tenn. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Hooper
green
2 sentences2003In support of his claim that he should have been granted alternative sentencing, the defendant argues that his crime was not “violent, horrifying, shocking, reprehensible, offensive, or otherwise of such an excessive or exaggerated degree that the nature of the offense outweighs all factors favoring probation.” In determining that the defendant should be confined rather than granted alternative sentencing, the trial court was guided by Tennessee Code Annotated section 40-35-103(1), which provides that the trial court may order confinement when: (A) Confinement is necessary to protect society b 2003Id. at 10-12 . | 1 | 2003–2003 |
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.