12 Tennessee opinions name it 1 courts 2001–2025 2 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 |
|---|---|---|
Bratton v. Stategreen2 sentences2002Bratton v. State, 477 S.W.2d 754, 756 (Tenn. Crim. 2002Bratton v. State, 477 S.W.2d 754, 756 (Tenn. Crim. | 5 | 5 |
State v. Burkhartgreen1 sentence2025See State v. Burkhart, 541 S.W.2d 365, 371 (Tenn. 1976). | 1 | 1 |
Artis Whitehead v. State of Tennesseegreen1 sentence2023On remand, the post-conviction court held a hearing on August 22, 2023, and found that the petition’s late filing “was not due to the fault of the petitioner, but due to the fault of her attorney.” Citing Whitehead v. State, 402 S.W.3d 615, 631 (Tenn. 2013), the post- conviction court found that the petition was not timely filed, but that the statute of limitations should be tolled for due process reasons. | 1 | 1 |
Williams v. Stategreen1 sentence2020See Williams v. State, 44 S.W.3d 464, 468 (Tenn. 2001) (remanding to the post-conviction court for a hearing to determine whether due process required the tolling of the statute of limitations on the basis that “the appellee might have been denied the opportunity to challenge his conviction in a timely manner through no fault of his own but because of the possible misrepresentation of his counsel.”); Latroy Lee Robertson v. State, No. M2009-01736- CCA-R3-PC, at *4 (Tenn. Crim. | 1 | 1 |
Peugh v. United Statesgreen2 sentences2016Although the post-conviction court did not rule on the petition insofar as it related to the 1994 drug convictions, we note that the September 10, 2015 petition was not filed within one year of the cases the petitioner cites as grounds for relief, in particular Blakely v. Washington, 542 U.S. 296 (2004), Peugh v. United States, 133 S. Ct. 2072 (2013), or Lovins v. Parker, 712 F.3d 283 (6th Cir. 2013). 2016See Peugh, 133 S. Ct. at 2078 (holding that sentencing a defendant under sentencing scheme which provides higher punishment than that in effect when crime was committed violates the Ex Post Facto Clause); Lovins v. Parker, 712 F.3d 283, 297 (6th Cir. 2013) (holding that a petitioner whose conviction did not become final until nearly three years after Blakely was entitled to application of Blakely). | 1 | 1 |
Derry Lovins v. Tony Parkergreen2 sentences2016Although the post-conviction court did not rule on the petition insofar as it related to the 1994 drug convictions, we note that the September 10, 2015 petition was not filed within one year of the cases the petitioner cites as grounds for relief, in particular Blakely v. Washington, 542 U.S. 296 (2004), Peugh v. United States, 133 S. Ct. 2072 (2013), or Lovins v. Parker, 712 F.3d 283 (6th Cir. 2013). 2016See Peugh, 133 S. Ct. at 2078 (holding that sentencing a defendant under sentencing scheme which provides higher punishment than that in effect when crime was committed violates the Ex Post Facto Clause); Lovins v. Parker, 712 F.3d 283, 297 (6th Cir. 2013) (holding that a petitioner whose conviction did not become final until nearly three years after Blakely was entitled to application of Blakely). | 1 | 1 |
Cuyler v. Sullivangreen2 sentences2010Prejudice is presumed in cases in which a petitioner can establish that his trial counsel “‘actively represented conflicting interests’ and that ‘an actual conflict of interest adversely affected [counsel’s] performance.’” Strickland, 466 U.S. at 692 , 104 S. Ct. at 2067 (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 , 100 S. Ct. 1708 (1980)). 2010Prejudice is presumed in cases in which a petitioner can establish that his trial counsel “‘actively represented conflicting interests’ and that ‘an actual conflict of interest adversely affected [counsel’s] performance.’” Strickland, 466 U.S. at 692 , 104 S. Ct. at 2067 (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 , 100 S. Ct. 1708 (1980)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Montgomery v. Louisiana
green
1 sentence2019During the hearing, post-conviction counsel argued that because the Petitioner filed his pro se petition within one year of Montgomery v. Louisiana, 136 S. Ct. 718 (2016), which “clarified” Miller and held that Miller applied retroactively, his petition was timely. | 1 | 2019–2019 |
Blakely v. Washington
green
1 sentence2016Although the post-conviction court did not rule on the petition insofar as it related to the 1994 drug convictions, we note that the September 10, 2015 petition was not filed within one year of the cases the petitioner cites as grounds for relief, in particular Blakely v. Washington, 542 U.S. 296 (2004), Peugh v. United States, 133 S. Ct. 2072 (2013), or Lovins v. Parker, 712 F.3d 283 (6th Cir. 2013). | 1 | 2016–2016 |
Strickland v. Washington
green
2 sentences2010Prejudice is presumed in cases in which a petitioner can establish that his trial counsel “‘actively represented conflicting interests’ and that ‘an actual conflict of interest adversely affected [counsel’s] performance.’” Strickland, 466 U.S. at 692 , 104 S. Ct. at 2067 (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 , 100 S. Ct. 1708 (1980)). 2010Prejudice is presumed in cases in which a petitioner can establish that his trial counsel “‘actively represented conflicting interests’ and that ‘an actual conflict of interest adversely affected [counsel’s] performance.’” Strickland, 466 U.S. at 692 , 104 S. Ct. at 2067 (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 , 100 S. Ct. 1708 (1980)). | 1 | 2010–2010 |
State v. Owens
green
1 sentence2007Id. | 1 | 2007–2007 |
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.