analogous principle (Tennessee) · Go Syfert
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analogous principle in Tennessee

11 Tennessee opinions name it 3 courts 1930–2025 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 (6)

CaseFollowedCited
Sawyer v. Whitleygreen
scotus · 1992 · cited in 2 Tennessee opinions naming this issue, 2012–2012
2 sentences

2012See Sawyer v. Whitley, 505 U.S. 333, 341 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992) (explaining that “[i]n the context of a noncapi-tal case, the concept of ‘actual innocence’ is easy to grasp,” whereas “[i]t is more difficult to develop an analogous framework when dealing with a defendant who has been sentenced to death”).

2012See Sawyer v. Whitley, 505 U.S. 333, 341 , 112 S.Ct. 2514 , 120 L.Ed.2d 269 (1992) (explaining that “[i]n the context of a noncapi-tal case, the concept of ‘actual innocence’ is easy to grasp,” whereas “[i]t is more difficult to develop an analogous framework when dealing with a defendant who has been sentenced to death”).

22
State v. Bledsoegreen
tenn · 2007 · cited in 1 Tennessee opinions naming this issue, 2025–2025
1 sentence

2025See Bledsoe, 226 S.W.3d at 358 (“It is difficult to fault the trial court and find ‘plain error’ for not charging duress when, based on the record provided, it was never discussed as a theory of the defense, and the Defendant affirmatively waived an instruction on self-defense which, under the facts of this case, was an analogous defense to duress.”).

11
State v. Clarkgreen
moctapp · 1983 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010The most analogous principle to the issue before us is that “[e]vidence of [an] acquittal of one jointly indicted with the accused is not admissible on behalf of the accused as tending to establish that he or she is also innocent.” State v. Scott, 619 N.W.2d 371 (Iowa 2000)); see also State v. Johnson, 787 S.W.2d 872, 874 (Mo. App.1990); State v. Clark, 646 S.W.2d 409, 411 (Mo. App.1983). 2 Some federal courts have excluded evidence of judgments of acquittal, based on Rule 803(22), Fed.R.Evid., because that rule admits only judgments of conviction as an exception to the hearsay rule. case for

11
State v. Johnsongreen
moctapp · 1990 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010The most analogous principle to the issue before us is that “[e]vidence of [an] acquittal of one jointly indicted with the accused is not admissible on behalf of the accused as tending to establish that he or she is also innocent.” State v. Scott, 619 N.W.2d 371 (Iowa 2000)); see also State v. Johnson, 787 S.W.2d 872, 874 (Mo. App.1990); State v. Clark, 646 S.W.2d 409, 411 (Mo. App.1983). 2 Some federal courts have excluded evidence of judgments of acquittal, based on Rule 803(22), Fed.R.Evid., because that rule admits only judgments of conviction as an exception to the hearsay rule. case for

11
Davis-Kidd Booksellers, Inc. v. McWhertergreen
tenn · 1993 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999See Davis-Kidd Booksellers v. McWherter, 866 S.W.2d 520, 530 (Tenn.1993).

11
Ewin v. Parkgreen
· 1859 · cited in 1 Tennessee opinions naming this issue, 1943–1943
1 sentence

1943See also, Ewin v. Park, 40 Tenn., 713 , applying the rule; and Vancil v. Evans, 44 Tenn., 340 ; Fox v. Fox, 102 Tenn., 77 , 50 S. W., 765 , distinguishes these cases, but recognizes the analogous principle. •Compare: St.

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 (11)

CaseCitedYears
State v. Scott green
iowa · 2000
1 sentence

2010The most analogous principle to the issue before us is that “[e]vidence of [an] acquittal of one jointly indicted with the accused is not admissible on behalf of the accused as tending to establish that he or she is also innocent.” State v. Scott, 619 N.W.2d 371 (Iowa 2000)); see also State v. Johnson, 787 S.W.2d 872, 874 (Mo. App.1990); State v. Clark, 646 S.W.2d 409, 411 (Mo. App.1983). 2 Some federal courts have excluded evidence of judgments of acquittal, based on Rule 803(22), Fed.R.Evid., because that rule admits only judgments of conviction as an exception to the hearsay rule. case for

12010–2010
Bush v. State green
tenn · 1976
1 sentence

1977Bush v. State, 541 S.W.2d 391 (Tenn.1976), deals with an analogous presumption, and makes clear the importance of this point.

11977–1977
Title Guaranty & Trust Co. v. Johnson green
tennctapp · 1972
2 sentences

1976State v. Collier, 160 Tenn. 403 , 23 S.W.2d 897 (1930); Title Guaranty and Trust Company v. Johnson, 485 S.W.2d 764 (Tenn.App.1972).

1976State v. Collier, 160 Tenn. 403 , 23 S.W.2d 897 (1930); Title Guaranty and Trust Company v. Johnson, 485 S.W.2d 764 (Tenn. App. 1972).

11976–1976
State Ex Rel. v. Collier green
tenn · 1930
2 sentences

1976State v. Collier, 160 Tenn. 403 , 23 S.W.2d 897 (1930); Title Guaranty and Trust Company v. Johnson, 485 S.W.2d 764 (Tenn.App.1972).

1976State v. Collier, 160 Tenn. 403 , 23 S.W.2d 897 (1930); Title Guaranty and Trust Company v. Johnson, 485 S.W.2d 764 (Tenn.App.1972).

11976–1976
Pierce v. State green
tenn · 1914
1 sentence

1965The State frankly admits that this Court has followed an analogous principle to that herein discussed in dealing with the problem of the prosecution of accessories before the fact without first convicting the principal, citing Pierce v. State, 130 Tenn. 24 , 168 S.W. 851 .

11965–1965
National Hosiery & Yarn Co. v. Napper green
tenn · 1910
1 sentence

1952In the same case it was said “ ‘If the trial judge misconceived the contention of the plaintiffs in error, it was their duty, through their counsel, to protest at the time, and have the proper correction made, by special request of other form, before the case was finally given to the jury. ’ National Hosiery *462 & Yarn Co. v. Napper, 124 Tenn. 155, 170 , 135 S. W. 780 , 783.

11952–1952
Shelton v. Martin green
tenn · 1943
1 sentence

1952By this means it can be ascertained for a certainty that no one has been coerced or induced to agree to a verdict to which he does not fully assent.” We are not only justified in applying the rule as announced in Gentry v. Betty Lou Bakeries, supra, as controlling, but an analogous principle that the trial judge will not be put in error for errors in ruling upon the admissibility or rejection of evidence when there is no objection by counsel, or an objection without giving any reason for it, as in Shelton v. Martin, 180 Tenn. 454 , and cases cited at page 458, 176 S. W. (2d) 247 , 249, opinion

11952–1952
St. Louis Union Trust Co. v. Bassett green
mo · 1935
2 sentences

1943Louis Union Trust Co. v. Bassett, 337 Mo. 604 , 85 S. W. (2d) 569 , 101 A. L.

1943Louis Union Trust Co. v. Bassett, 337 Mo. 604 , 85 S. W. (2d) 569 , 101 A. L.

11943–1943
Fox v. Fox neutral
· 1899
2 sentences

1943See also, Ewin v. Park, 40 Tenn., 713 , applying the rule; and Vancil v. Evans, 44 Tenn., 340 ; Fox v. Fox, 102 Tenn., 77 , 50 S. W., 765 , distinguishes these cases, but recognizes the analogous principle. •Compare: St.

1943See also, Ewin v. Park, 40 Tenn., 713 , applying the rule; and Vancil v. Evans, 44 Tenn., 340 ; Fox v. Fox, 102 Tenn., 77 , 50 S. W., 765 , distinguishes these cases, but recognizes the analogous principle. •Compare: St.

11943–1943
Vancil v. Evans neutral
· 1867
1 sentence

1943See also, Ewin v. Park, 40 Tenn., 713 , applying the rule; and Vancil v. Evans, 44 Tenn., 340 ; Fox v. Fox, 102 Tenn., 77 , 50 S. W., 765 , distinguishes these cases, but recognizes the analogous principle. •Compare: St.

11943–1943
Eager v. McCoy neutral
· 1920
1 sentence

1930Gray on The Rule Against Perpetuities (3 Ed.), section 118a, et seq. *Page 22 This distinction between the rule against perpetuities and the common law doctrine of the invalidity of restraints upon alienation was recognized by this court in Eager v. McCoy, 143 Tenn. 693 , 703-704.

11930–1930

Where else courts name it

CA 104 (1913–2026) PA 42 (1838–2025) NY 32 (1857–2025) IA 27 (1865–2018) MA 22 (1961–2024) MI 21 (1860–2025) WA 21 (1950–2025) CT 19 (1903–2024) TX 19 (1877–2022) IL 17 (1881–2015) OR 16 (1922–2019) NJ 16 (1895–2024) CO 13 (1982–2026) FL 13 (1956–2013) KS 12 (1887–2009) TN 11 (1930–2025) AZ 11 (1979–2017) UT 11 (1983–2022) IN 10 (1973–2004) DE 10 (1970–2024) AK 10 (1985–2020) AL 8 (1900–2015) NC 8 (1862–2018) MD 8 (1954–2013) RI 8 (1903–2013) GA 7 (1903–1990) OH 7 (1944–2023) MO 7 (1859–2022) VT 6 (1887–2024) MN 6 (1940–2014) DC 6 (1995–2022) NV 6 (1944–2022) WI 5 (1991–2020) ND 5 (1900–2018) MS 5 (1977–2025) KY 5 (1917–2013) WV 5 (1952–1994) NM 5 (1974–2023) ID 4 (2009–2023) VA 4 (2003–2024) NE 4 (1936–2022) ME 4 (1940–2020) AR 4 (1965–2002) OK 4 (1929–1973) MT 4 (1910–2010) NH 3 (1980–2023) SD 3 (1930–2005) HI 3 (1995–2025) LA 2 (1988–2005) WY 2 (1972–2019) SC 2 (1922–1976)

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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