12 Tennessee opinions name it 3 courts 1927–2022 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.
| Case | Followed | Cited |
|---|---|---|
Parke v. Raleygreen2 sentences2013See State v. [Christopher Bomar] Wenzler, [No. W2011-00873-CCA- R3-CD, 2013 WL 865333 , at *5] (citing Parke v. Raley, 506 U.S. 20, 34 (1992), as “stand[ing] not only for the position that waiver can be presumed -12- from a silent record, but also that the State does not have the initial burden to prove complete compliance with the right to counsel if there is a facially valid judgment, even if waiver is presumed[”), perm. app. denied, (Tenn. Sept. 18, 2013)]. 2013Id. at 34 . | 1 | 2 |
Otha Smith v. Marjorie Smithgreen1 sentence2022Generally, the party invoking the doctrine of waiver “has the burden of demonstrating that the issue sought to be precluded was, in fact, not raised in the trial court.” Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn. 2009) (citing Waste Conversion Sys., Inc. v. Greenstone Indus., Inc., 33 S.W.3d 779, 783 (Tenn. 2000); Smith v. Smith, 989 S.W.2d 346, 348 (Tenn. Ct. App. 1998)). | 1 | 1 |
Fayne v. Vincentgreen1 sentence2022Generally, the party invoking the doctrine of waiver “has the burden of demonstrating that the issue sought to be precluded was, in fact, not raised in the trial court.” Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn. 2009) (citing Waste Conversion Sys., Inc. v. Greenstone Indus., Inc., 33 S.W.3d 779, 783 (Tenn. 2000); Smith v. Smith, 989 S.W.2d 346, 348 (Tenn. Ct. App. 1998)). | 1 | 1 |
Wcs v. Gsigreen1 sentence2022Generally, the party invoking the doctrine of waiver “has the burden of demonstrating that the issue sought to be precluded was, in fact, not raised in the trial court.” Fayne v. Vincent, 301 S.W.3d 162, 171 (Tenn. 2009) (citing Waste Conversion Sys., Inc. v. Greenstone Indus., Inc., 33 S.W.3d 779, 783 (Tenn. 2000); Smith v. Smith, 989 S.W.2d 346, 348 (Tenn. Ct. App. 1998)). | 1 | 1 |
Pennsylvania v. Ritchiegreen1 sentence2018“It is well settled that the government has the obligation to turn over evidence in its possession that is both favorable to the accused and material to guilt or punishment.” Pennsylvania v. Ritchie, 480 U.S. 39, 57 (1987) (citing United States v. Agurs, 427 U.S. 97 (1976); Brady v. Maryland, 373 U.S. 83, 87 (1963)). | 1 | 1 |
Brady v. Marylandgreen1 sentence2018“It is well settled that the government has the obligation to turn over evidence in its possession that is both favorable to the accused and material to guilt or punishment.” Pennsylvania v. Ritchie, 480 U.S. 39, 57 (1987) (citing United States v. Agurs, 427 U.S. 97 (1976); Brady v. Maryland, 373 U.S. 83, 87 (1963)). | 1 | 1 |
Crist v. Moffattgreen2 sentences2008"The emerging consensus adheres to the position that defense counsel is limited to the formal methods of discovery enumerated by the jurisdiction’s rules of civil procedure, absent the patient’s express consent to counsel’s ex parte contact with her treating physician.” Crist v. Moffatt, 326 N.C. 326 , 389 S.E.2d 41, 45 (1990) (citing Petrillo v. Syntex Lab., Inc., 148 Ill.App.3d 581 , 102 Ill.Dec. 172 , 499 N.E.2d 952 (1986)). . 2008"The emerging consensus adheres to the position that defense counsel is limited to the formal methods of discovery enumerated by the jurisdiction’s rules of civil procedure, absent the patient’s express consent to counsel’s ex parte contact with her treating physician.” Crist v. Moffatt, 326 N.C. 326 , 389 S.E.2d 41, 45 (1990) (citing Petrillo v. Syntex Lab., Inc., 148 Ill.App.3d 581 , 102 Ill.Dec. 172 , 499 N.E.2d 952 (1986)). . | 1 | 1 |
State v. McKinneygreen1 sentence2004See, e.g., McKinney, 74 S.W.3d at 291 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Seneris v. Haas
green
2 sentences1993Upon appeal, appeEee took the position there was no error because appeEant had faded to submit an instruction meeting the rule *848 in Seneris v. Haas, 45 Cal.2d 811 , 291 P.2d 915 . 1993Upon appeal, appeEee took the position there was no error because appeEant had faded to submit an instruction meeting the rule *848 in Seneris v. Haas, 45 Cal.2d 811 , 291 P.2d 915 . | 2 | 1990–1993 |
United States v. Agurs
green
1 sentence2018“It is well settled that the government has the obligation to turn over evidence in its possession that is both favorable to the accused and material to guilt or punishment.” Pennsylvania v. Ritchie, 480 U.S. 39, 57 (1987) (citing United States v. Agurs, 427 U.S. 97 (1976); Brady v. Maryland, 373 U.S. 83, 87 (1963)). | 1 | 2018–2018 |
Coffey v. Fayette Tubular Products
green
2 sentences2017The dissent takes the position that the standard it advocates was adopted by this Court in Coffey v. Fayette Tubular Products, 929 S.W.2d 326 (Tenn. 1996). 2017The dissent takes the position that the standard it advpcates was adopted by this Court in Coffey v. Fayette Tubular Products, 929 S.W.2d 326 (Tenn. 1996). | 1 | 2017–2017 |
Petrillo v. Syntex Laboratories, Inc.
green
2 sentences2008"The emerging consensus adheres to the position that defense counsel is limited to the formal methods of discovery enumerated by the jurisdiction’s rules of civil procedure, absent the patient’s express consent to counsel’s ex parte contact with her treating physician.” Crist v. Moffatt, 326 N.C. 326 , 389 S.E.2d 41, 45 (1990) (citing Petrillo v. Syntex Lab., Inc., 148 Ill.App.3d 581 , 102 Ill.Dec. 172 , 499 N.E.2d 952 (1986)). . 2008"The emerging consensus adheres to the position that defense counsel is limited to the formal methods of discovery enumerated by the jurisdiction’s rules of civil procedure, absent the patient’s express consent to counsel’s ex parte contact with her treating physician.” Crist v. Moffatt, 326 N.C. 326 , 389 S.E.2d 41, 45 (1990) (citing Petrillo v. Syntex Lab., Inc., 148 Ill.App.3d 581 , 102 Ill.Dec. 172 , 499 N.E.2d 952 (1986)). . | 1 | 2008–2008 |
Cooley v. Galyon
green
1 sentence1961In Cooley v. Galyon, 109 Tenn. 1, 14 , 70 S.W. 607 , 60 L.R.A. 139 , this Court held that statements made in a judicial proceeding which arc relevant and pertinent to the subject of inquiry in the proceeding, or responsive to questions propounded by counsel, are absolutely privileged. | 1 | 1961–1961 |
Wilson v. Colonial Air Transport, Inc.
green
2 sentences1943The Court said: ‘ ‘ The decision of cases of that naturé rests upon facts ' constituting a part of a widespread fund of information.” Wilson v. Colonial Air Transport, Inc., 278 Mass., 420 , 180 N. E., 212, 214 , 83 A. L. 1943The Court said: ‘ ‘ The decision of cases of that naturé rests upon facts ' constituting a part of a widespread fund of information.” Wilson v. Colonial Air Transport, Inc., 278 Mass., 420 , 180 N. E., 212, 214 , 83 A. L. | 1 | 1943–1943 |
Vester Gas Range & Mfg. Co. v. Leonard
neutral
1 sentence1927An employer who elects to operate under this Act and accept its terms is not in a position to challenge the validity of any of its provisions, Vester Gas Range, etc., Co. v. Leonard, 148 Tenn., 665 , and the same rule would apply to an employee. | 1 | 1927–1927 |
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.