propriety hearing (Tennessee) · Go Syfert
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propriety hearing in Tennessee

12 Tennessee opinions name it 3 courts 1934–2025 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 (5)

CaseFollowedCited
Board of Professional Responsibility Of The Supreme Court of Tennessee v. Michael Gibbs Sheppardgreen
tenn · 2018 · cited in 2 Tennessee opinions naming this issue, 2019–2020
2 sentences

2020For that reason, “where reasonable minds can disagree over the propriety of a hearing panel’s decision, we will uphold the ruling.” Bd. of Prof’l Responsibility v. Sheppard, 556 S.W.3d 139, 146 (Tenn. 2018) (citing Sallee, 469 S.W.3d at 42 ).

2019For that reason, “where reasonable minds can disagree over the propriety of a hearing panel’s decision, we will uphold the ruling.” Bd. of Prof’l Responsibility v. Sheppard, 556 S.W.3d 139, 146 (Tenn. 2018) (citing Sallee, 469 S.W.3d at 42 ). - 10 - Presumptive Sanction After a hearing panel finds one or more grounds for discipline, it must consider the applicable ABA Standards to determine the appropriate sanction for the attorney’s misconduct.

22
State v. Cautherngreen
tenn · 1998 · cited in 2 Tennessee opinions naming this issue, 2000–2000
2 sentences

2000We have previously addressed this issue in State v. Cauthern, 967 S.W.2d 726, 734-36 (Tenn.1998), in which we first held that the statutory language prohibited a jury from considering life without the possibility of parole as a sentencing option where the offense was committed before July 1, 1993.

2000We have previously addressed this issue in State v. Cauthern, 967 S.W.2d 726 , 734- 36 (Tenn. 1998), in which we first held that the statutory language prohibited a jury from considering life without the possibility of parole as a sentencing option where the offense was committed before July 1, 1993.

12
State v. Paytongreen
tenncrimapp · 1989 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Sufficient evidence to support such an instruction requires “both a leaving the scene of the difficulty and a subsequent hiding out, evasion or concealment within the community.” State v, Burns, 979 S.W.2d 276, 289-90 (Tenn. 1998) (quoting State v. Payton, 782 S.W.2d 490, 498 (Tenn. Crim.

11
State v. Burnsgreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Sufficient evidence to support such an instruction requires “both a leaving the scene of the difficulty and a subsequent hiding out, evasion or concealment within the community.” State v, Burns, 979 S.W.2d 276, 289-90 (Tenn. 1998) (quoting State v. Payton, 782 S.W.2d 490, 498 (Tenn. Crim.

11
State v. Berrygreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013In denying relief on this issue, the trial court cited the relevant law on the propriety of the instruction and offered the following statements about whether trial counsel were ineffective: “In order for a trial court to charge the jury on flight as an inference of guilt, there must be sufficient evidence to support such instruction.” State v. Berry, 141 S.W.3d 549, 588 (Tenn. 2004).

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 (8)

CaseCitedYears
Yarboro Sallee v. Tennessee Board of Professional Responsibility green
tenn · 2015
2 sentences

2020For that reason, “where reasonable minds can disagree over the propriety of a hearing panel’s decision, we will uphold the ruling.” Bd. of Prof’l Responsibility v. Sheppard, 556 S.W.3d 139, 146 (Tenn. 2018) (citing Sallee, 469 S.W.3d at 42 ).

2019For that reason, “where reasonable minds can disagree over the propriety of a hearing panel’s decision, we will uphold the ruling.” Bd. of Prof’l Responsibility v. Sheppard, 556 S.W.3d 139, 146 (Tenn. 2018) (citing Sallee, 469 S.W.3d at 42 ). - 10 - Presumptive Sanction After a hearing panel finds one or more grounds for discipline, it must consider the applicable ABA Standards to determine the appropriate sanction for the attorney’s misconduct.

32018–2020
State v. Edison green
tenn · 1999
2 sentences

2002Edison, 9 S.W.3d at 77 .

2000Id.

22000–2002
Kersey v. State green
tenn · 1975
1 sentence

2025In so doing, he asserts that the jury was deadlocked and should therefore have been given the specific unanimity instruction promulgated by the Tennessee Supreme Court in Kersey, 525 S.W.2d at 145 .

12025–2025
Dennis J. Hughes v. Board of Professional Responsibility of the Supreme Court of Tennessee green
tenn · 2008
1 sentence

2020A hearing panel’s decision is arbitrary or capricious when it “‘is not based on any course of reasoning or exercise of judgment, or . . . disregards the facts or circumstances of the case without some basis that would lead a reasonable person to reach the same conclusion.’” Hughes, 259 S.W.3d at 641 (quoting City of Memphis v. Civ.

12020–2020
State v. Scott green
tenn · 2000
1 sentence

2018Sallee , 469 S.W.3d at 42 (quoting State v. Scott, 33 S.W.3d 746 , 752 (Tenn. 2000) ).

12018–2018
State v. White green
tenn · 2012
1 sentence

2017Id. at 580-81 .

12017–2017
Braverman v. Roberts Construction Co. green
tennctapp · 1987
1 sentence

1999The only case in our jurisprudence addressing the propriety of hearing de novo appeals where less than all of the general sessions parties suffering adverse judgments have perfected appeal to the circuit court is Braverman v. Roberts Const. Co., Inc. 748 S.W.2d 433 (Tenn. Ct. App. 1987).

11999–1999
Brasfield v. United States green
scotus · 1926
2 sentences

1934Brasfield v. U. S., 272 U. S., 448 , 47 S. Ct., 135 , 71 L.

1934Brasfield v. U. S., 272 U. S., 448 , 47 S. Ct., 135 , 71 L.

11934–1934

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-204 (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

CA 113 (1876–2026) MO 61 (1860–2015) IL 57 (1882–2025) TX 56 (1917–2026) NY 49 (1854–2018) IN 47 (1906–2026) PA 31 (1908–2025) FL 28 (1902–2025) NC 23 (1850–2025) MD 23 (1917–2021) CO 22 (1900–2024) MS 22 (1968–2009) AL 22 (1854–2016) IA 21 (1918–2022) OH 21 (1970–2026) MI 21 (1900–2021) UT 19 (1981–2020) NE 18 (1910–1998) WA 16 (1919–2025) CT 15 (1936–2010) WY 15 (1945–2024) KY 14 (1914–2016) NJ 14 (1884–2021) OR 14 (1898–2023) WV 13 (1882–2025) TN 12 (1934–2025) MA 11 (1961–2023) LA 10 (1981–1995) MN 10 (1932–2013) AZ 10 (1966–2015) KS 10 (1897–2016) NV 9 (1956–2014) SD 9 (1909–2025) VA 9 (1876–1997) MT 9 (1895–1987) RI 9 (1980–2026) ME 8 (1855–1981) AR 7 (1946–2010) OK 6 (1935–1995) GA 6 (1877–2023) NM 6 (1963–2018) DC 5 (1893–1996) HI 5 (1911–2005) DE 5 (1912–2008) VT 5 (1868–2006) NH 4 (1820–1995) ID 4 (1919–2022) AK 3 (1977–1990) WI 3 (1958–1973) ND 3 (1908–1993) SC 2 (1881–2014) VI 2 (1981–2005)

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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