plain language rule (Tennessee) · Go Syfert
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plain language rule in Tennessee

12 Tennessee opinions name it 3 courts 1991–2022 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 (10)

CaseFollowedCited
State v. Adlerred
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2019–2019
1 sentence

2019Tenn. Code Ann. § 40-35-402 (b)(1) (emphasis added). 6 Although this Court has recognized the State’s statutory authority to appeal certain sentencing decisions, the defendant cites to previous Tennessee Supreme Court opinions claiming that our “more recent decisions have consistently recognized Rule 3 as the exclusive source of the right to appeal in criminal cases.” See, e.g., Meeks, 262 S.W.3d at 718 -19 and n.7 (“Tennessee’s [early] statutes governing the State’s right to appeal in criminal cases were replaced by the Tennessee Rules of Appellate Procedure, which became effective on July 1,

11
State v. Schiefelbeingreen
tenncrimapp · 2007 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018This court has concluded that “‘[a]s a general rule, a trial court will require disclosure of the underlying data of the expert’s opinion when the court believes that the party opponent will be unable to cross-examine effectively and the reason for such inability is other than the prejudicial nature of such facts or data.’” State v. Schiefelbein, 230 S.W.3d 88, 148 (Tenn. Crim.

11
State v. Shelinegreen
tenn · 1997 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018“The plain language of the rule speaks of ‘specific instances’ of sexual conduct with ‘persons’ other than the defendant.” State v. Sheline, 955 S.W.2d 42, 46 (Tenn. 1997).

11
Calvin Gray Mills, Jr. v. Fulmarque, Inc.green
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016See generally Mills v. Fulmarque, 360 S.W.3d 362, 368 (Tenn. 2012).

11
Seiber v. Reeves Logginggreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2015–2015
2 sentences

2015App., Jackson, Dec. 23, 2014), that the plain language of the rule does not allow for this interpretation, see Seiber v. Reeves Logging, 284 S.W.3d 294, 301 (Tenn. 2009) (“[S]tatutes whose terms are plain and unambiguous require no construction and should be enforced according to their plain terms.”).

2015The rule states that a motion may be filed “at any time.” Id.

11
State v. Marshallgreen
tenn · 2010 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015State v. Marshall, 319 S.W.3d 558, 561 (Tenn. 2010).

11
Barger v. Brockgreen
tenn · 1976 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013The plain language of this rule establishes that Nancy Jones5 in her official capacity as Disciplinary Counsel to the Board, the members of the Board of Professional Responsibility, and the practice monitors and law firm appointed to provide practice monitors as agents of the Board are all shielded from civil liability for the actions taken in the disciplinary proceedings and thereafter, which were part of their official duties. 3 To the extent that Mr. Moncier makes any challenge to the validity or constitutionality of Tennessee Supreme Court Rule 9, we note that our Supreme Court held in Bar

11
Lee Medical, Inc. v. Paula Beechergreen
tenn · 2010 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013Lee Med., Inc. v. Beecher, 312 S.W.3d 515, 526 (Tenn.2010).

2013Lee Med., Inc., 312 S.W.3d at 527 .

11
Hoechst Diafoil Company v. Nan Ya Plastics Corporationgreen
ca4 · 1999 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000The plain language of the rule establishes that the purpose of requiring a bond as a condition precedent to the issuance of a restraining order or preliminary injunction is “to provide a mechanism for reimbursing an enjoined party for harm it suffers as a result of an improvidently issued injunction or restraining order.” Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174 F.3d 411, 421 (4th Cir.1999).

11
Patricia Thomas v. Capital Security Services, Inc.green
ca5 · 1988 · cited in 1 Tennessee opinions naming this issue, 1991–1991
1 sentence

1991Services, Inc., 836 F.2d 866, 874-75 (5th Cir.1988).

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 (3)

CaseCitedYears
Shofner v. Shofner green
tennctapp · 2005
1 sentence

2022“The plain language of the rule demonstrates that it applies to all cases in which a successor trial judge replaces a trial judge who is unable to proceed.” Id. (emphasis added).

12022–2022
State v. Meeks green
tenn · 2008
1 sentence

2019Tenn. Code Ann. § 40-35-402 (b)(1) (emphasis added). 6 Although this Court has recognized the State’s statutory authority to appeal certain sentencing decisions, the defendant cites to previous Tennessee Supreme Court opinions claiming that our “more recent decisions have consistently recognized Rule 3 as the exclusive source of the right to appeal in criminal cases.” See, e.g., Meeks, 262 S.W.3d at 718 -19 and n.7 (“Tennessee’s [early] statutes governing the State’s right to appeal in criminal cases were replaced by the Tennessee Rules of Appellate Procedure, which became effective on July 1,

12019–2019
Crosby v. United States green
scotus · 1993
2 sentences

2001Justice Blackman, writing for the unanimous Court, held that the plain language of rule 43 of the Federal Rules of Criminal Procedure (which substantially mirrors rule 43 of the Tennessee Rules of Criminal Procedure) “prohibits the trial in absentia of a defendant who is not present at the beginning of trial.” Id. at 262 , 113 S.Ct. 748 .

2001Justice Blackman, writing for the unanimous Court, held that the plain language of rule 43 of the Federal Rules of Criminal Procedure (which substantially mirrors rule 43 of the Tennessee Rules of Criminal Procedure) “prohibits the trial in absentia of a defendant who is not present at the beginning of trial.” Id. at 262 , 113 S.Ct. 748 .

12001–2001

Where else courts name it

TX 152 (1989–2025) IL 149 (1893–2026) UT 136 (1993–2026) WA 125 (1996–2026) FL 114 (1970–2026) CA 72 (1943–2026) MN 68 (1964–2025) OH 62 (1988–2026) MI 56 (1981–2025) NM 53 (1998–2025) AZ 52 (1985–2025) PA 52 (1974–2026) MD 41 (1982–2025) HI 38 (1994–2026) NJ 30 (1991–2026) AL 29 (1997–2018) MO 26 (1961–2024) CO 24 (1992–2026) IA 24 (1978–2026) IN 19 (1979–2024) ME 18 (1997–2024) ID 15 (2008–2024) MA 15 (1990–2023) WI 14 (1979–2025) KY 13 (2001–2024) NY 13 (1991–2026) VT 13 (1993–2025) GA 12 (1991–2023) AR 12 (1994–2026) TN 12 (1991–2022) NV 12 (2012–2022) NC 10 (1992–2024) MS 10 (1999–2018) WY 10 (1976–2025) AK 10 (1980–2023) DC 9 (1982–2019) NH 8 (1978–2025) ND 8 (1911–2016) VA 7 (2005–2010) CT 7 (1982–2022) RI 5 (1985–2014) KS 4 (2011–2019) MT 4 (2007–2020) SD 4 (1992–1997) SC 4 (1992–2019) GU 3 (2021–2026) VI 3 (2001–2015) LA 3 (2006–2013) NE 3 (2005–2006) DE 3 (2018–2021) WV 3 (2014–2024) OR 3 (2000–2022) OK 2 (1945–2000)

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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