unique defense (Tennessee) · Go Syfert
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unique defense in Tennessee

12 Tennessee opinions name it 3 courts 1993–2022 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 (9)

CaseFollowedCited
Gary Plastic Packaging Corporation v. Merrill Lynch, Pierce, Fenner & Smith, Inc.green
ca2 · 1990 · cited in 3 Tennessee opinions naming this issue, 2011–2022
2 sentences

2022Gary Plastic, 903 F.2d at 180 (citations omitted); see also Beck v. Maximus, Inc., 457 F.3d 291, 301 (3d Cir. 2006) (“A proposed class representative is neither typical nor adequate if the representative is subject to a unique defense that is likely to become a major focus of the litigation.”).

2014Gary Plastic, 903 F.2d at 180 (citations omitted); see also Beck v. Maximus, Inc., 457 F.3d 291, 301 (3d Cir. 2006) (“A proposed class representative is neither typical nor adequate if the representative is subject to a unique defense that is likely to become a major focus of the litigation.”).

33
Beck v. Maximus, Inc.green
ca3 · 2006 · cited in 3 Tennessee opinions naming this issue, 2011–2022
2 sentences

2022Gary Plastic, 903 F.2d at 180 (citations omitted); see also Beck v. Maximus, Inc., 457 F.3d 291, 301 (3d Cir. 2006) (“A proposed class representative is neither typical nor adequate if the representative is subject to a unique defense that is likely to become a major focus of the litigation.”).

2014Gary Plastic, 903 F.2d at 180 (citations omitted); see also Beck v. Maximus, Inc., 457 F.3d 291, 301 (3d Cir. 2006) (“A proposed class representative is neither typical nor adequate if the representative is subject to a unique defense that is likely to become a major focus of the litigation.”).

33
State v. Dentonred
tenn · 1996 · cited in 2 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012Id. at 546. -17- After reviewing the proper application of Blockburger to claims of double jeopardy, our supreme court noted that Tennessee had not previously adopted the Blockburger test but rather employs “a unique test consisting of four factors that are weighed to determine whether multiple convictions violate double jeopardy.” Id. at 547; see State v. Denton, 938 S.W.2d 373, 381 (Tenn. 1996).

2012See State v. Denton, 938 S.W.2d 373, 381 (Tenn.1996).

22
Batson v. Batsongreen
tennctapp · 1988 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011An equitable, or fair, property division “is not achieved by a mechanical application of the statutory factors, but rather by considering and weighing the most relevant factors in light of the unique factors of the case.” Batson v. Batson, 769 S.W.2d 849, 859 (Tenn. Ct. App. 1988).

11
Keyt v. Keytgreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011In dividing the marital property, “[t]he trial court is empowered to do what is reasonable under the circumstances and has broad discretion in the equitable division of the marital estate.” Keyt v. Keyt, 244 S.W.3d 321, 328 (Tenn. 2007) (citing Flannary v. Flannary, 121 S.W.3d 647, 650 (Tenn. 2003)).

11
Flannary v. Flannarygreen
tenn · 2003 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011In dividing the marital property, “[t]he trial court is empowered to do what is reasonable under the circumstances and has broad discretion in the equitable division of the marital estate.” Keyt v. Keyt, 244 S.W.3d 321, 328 (Tenn. 2007) (citing Flannary v. Flannary, 121 S.W.3d 647, 650 (Tenn. 2003)).

11
Dube v. Dubegreen
tennctapp · 2002 · cited in 1 Tennessee opinions naming this issue, 2006–2006
1 sentence

2006Robertson v. Robertson, 76 S.W.3d at 338 ; Dube v. Dube, 104 S.W.3d 863, 868 (Tenn. Ct. App. 2002); Wilder v. Wilder, 66 S.W.3d 892, 894 (Tenn. Ct. App. 2001).

11
Wilder v. Wildergreen
tennctapp · 2001 · cited in 1 Tennessee opinions naming this issue, 2006–2006
1 sentence

2006Robertson v. Robertson, 76 S.W.3d at 338 ; Dube v. Dube, 104 S.W.3d 863, 868 (Tenn. Ct. App. 2002); Wilder v. Wilder, 66 S.W.3d 892, 894 (Tenn. Ct. App. 2001).

11
State v. Sheltongreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 1995–1995
1 sentence

1995State v. Shelton, 851 S.W.2d 134, 136 (Tenn.1993).

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 (6)

CaseCitedYears
Andrew K. Armbrister v. Melissa H. Armbrister green
tenn · 2013
1 sentence

2018Thus we decline to apply a unique standard of review to an award of equal parenting time. 6 correct and not overturn them, unless the evidence preponderates against the trial court’s findings.” Armbrister, 414 S.W.3d at 693 ; Tenn. R.

12018–2018
Rogers v. Tennessee green
scotus · 2001
2 sentences

2015Cf. Rogers, 532 U.S. at 462-63 , 121 S.Ct. 1693 (holding that this Court’s abolition of the year-and-a-day rule was not unexpected or indefensible where the rule had been rejected “in the vast majority of jurisdictions”).

2015Cf. Rogers, 532 U.S. at 462-63 , 121 S.Ct. 1693 (holding that this Court’s abolition of the year-and-a-day rule was not unexpected or indefensible where the rule had been rejected “in the vast majority of jurisdictions”).

12015–2015
State v. Gene Ivan Amanns green
tenncrimapp · 1999
1 sentence

2011In Amanns, a panel of this court concluded that a contractor’s failure to repay a $6,000 deposit did not constitute the crime of theft. 2 S.W.3d at 242 .

12011–2011
Robertson v. Robertson green
tenn · 2002
1 sentence

2006Robertson v. Robertson, 76 S.W.3d at 338 ; Dube v. Dube, 104 S.W.3d 863, 868 (Tenn. Ct. App. 2002); Wilder v. Wilder, 66 S.W.3d 892, 894 (Tenn. Ct. App. 2001).

12006–2006
Sykes v. State green
tenn · 1903
1 sentence

1993In Jamison v. State, 117 Tenn. 58, 61 , 94 S.W. 675 , 675-66 (1906) (following Sykes v. State, 112 Tenn. 572 , 82 S.W. 185 (1903)), this Court established that ... in prosecutions for violation of the age of consent law and cognate crimes, evidence of other acts of intercourse both prior and subsequent to the act charged in the indictment is competent, as tending to establish the commission of the special act under examination, as corroborative of the evidence ..., and for the purpose of showing the relation of the parties.... *137 Although this exception permits evidence of a defendant’s othe

11993–1993
Jamison v. State green
tenn · 1906
1 sentence

1993In Jamison v. State, 117 Tenn. 58, 61 , 94 S.W. 675 , 675-66 (1906) (following Sykes v. State, 112 Tenn. 572 , 82 S.W. 185 (1903)), this Court established that ... in prosecutions for violation of the age of consent law and cognate crimes, evidence of other acts of intercourse both prior and subsequent to the act charged in the indictment is competent, as tending to establish the commission of the special act under examination, as corroborative of the evidence ..., and for the purpose of showing the relation of the parties.... *137 Although this exception permits evidence of a defendant’s othe

11993–1993

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-210 (4) TN § Tenn. Code Ann. § 27-1-125 (3) TN § Tenn. Code Ann. § 39-13-101 (3) TN § Tenn. Code Ann. § 40-35-114 (3) TN § Tenn. Code Ann. § 40-35-401 (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

TX 33 (1980–2024) CA 31 (1965–2026) OH 25 (1994–2026) WA 14 (1966–2025) IL 12 (1978–2025) TN 12 (1993–2022) NY 11 (1983–2025) KS 7 (2008–2020) NJ 7 (1955–2026) FL 7 (1985–2023) AL 6 (2015–2023) IN 6 (1984–2020) IA 6 (2012–2017) UT 6 (2012–2025) MI 5 (2004–2023) NM 5 (1982–2025) MT 5 (2009–2017) MO 5 (1906–2010) CT 4 (2015–2021) VA 4 (1982–2019) ME 4 (2001–2022) AZ 4 (1965–2025) KY 4 (2015–2022) MD 4 (1974–2010) OR 3 (1996–2022) NC 3 (2020–2023) VT 3 (1966–1999) AR 3 (1998–2010) GA 3 (2001–2026) LA 3 (2015–2019) DE 3 (2000–2025) MS 3 (1993–2015) WY 3 (1974–2012) RI 3 (1984–2014) NV 3 (2005–2024) PA 2 (1981–2003) ID 2 (1990–2025) CO 2 (2006–2026) HI 2 (2000–2012) DC 2 (1981–2001)

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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