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11 Tennessee opinions name it 3 courts 1979–2022 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 |
|---|---|---|
Nichols v. Tennesseegreen2 sentences2009The court in Bush observed that although “neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction.” Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn.1994), cert. denied, 518 U.S. 1114 , 115 S.Ct. 909 , 130 L.Ed.2d 791 (1995); Pettyjohn v. State, 885 S.W.2d 864 (Tenn.Crim.App.), app. denied,, (Tenn. 1994); State v. Christopher S. Beckham, No. 2C01-9405-CR-00107, 1995 WL 568471 , 1995 Tenn.Crim.App. 2005The court in Bush observed that although "neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction." Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn. 1994), cert. denied, 513 U.S. 1114 , 115 S. Ct. 909 (1995)). | 3 | 5 |
State v. Nicholsgreen2 sentences2009The court in Bush observed that although “neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction.” Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn.1994), cert. denied, 518 U.S. 1114 , 115 S.Ct. 909 , 130 L.Ed.2d 791 (1995); Pettyjohn v. State, 885 S.W.2d 864 (Tenn.Crim.App.), app. denied,, (Tenn. 1994); State v. Christopher S. Beckham, No. 2C01-9405-CR-00107, 1995 WL 568471 , 1995 Tenn.Crim.App. 2005The court in Bush observed that although "neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction." Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn. 1994), cert. denied, 513 U.S. 1114 , 115 S. Ct. 909 (1995)). | 3 | 5 |
State v. Bushgreen2 sentences2009The court in Bush observed that although “neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction.” Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn.1994), cert. denied, 518 U.S. 1114 , 115 S.Ct. 909 , 130 L.Ed.2d 791 (1995); Pettyjohn v. State, 885 S.W.2d 864 (Tenn.Crim.App.), app. denied,, (Tenn. 1994); State v. Christopher S. Beckham, No. 2C01-9405-CR-00107, 1995 WL 568471 , 1995 Tenn.Crim.App. 2005The court in Bush observed that although "neither of these phrases have been before the United States Supreme Court, the courts of this state have consistently upheld the constitutionality of this instruction." Id. (citing State v. Nichols, 877 S.W.2d 722 (Tenn. 1994), cert. denied, 513 U.S. 1114 , 115 S. Ct. 909 (1995)). | 2 | 4 |
Lawrence Ex Rel. Powell v. Stanfordgreen2 sentences2022This court then observed that “this court ha[d] previously held the statute [was] not unconstitutionally vague” and that it, therefore, could not “conclude that the statute [was] ‘obviously unconstitutional on its face.’” Id. (citing State v. Justice Ball, No. W2016-01358-CCA-R3-CD, 2017 WL 2482996 at *8 (Tenn. Crim. App. June 7, 2017)). 2022Turning to the Petitioner’s constitutionality challenge to the criminal responsibility statute, this court noted that the issue had likewise been waived due to the Petitioner’s failure to raise it in the motion for new trial “unless the statute involved [was] so obviously unconstitutional on its face as to obviate the necessity for any discussion.” Id. (citing Lawrence v. Stanford, 655 S.W.2d 927, 29 (Tenn. 1983)). | 2 | 2 |
Bredesen v. Tennessee Judicial Selection Commissiongreen1 sentence2011See Bredesen v. Tennessee Judicial Selection Comm’n, 214 S.W.3d 419, 424 (Tenn. 2007). | 1 | 1 |
In Re the Adoption of E.N.R.green1 sentence2011The Supreme Court held in Lawrence v. Stanford, 655 S.W.2d 927, 929 (Tenn. 1983) that the Court of Appeals had “improperly adjudicated the . . . constitutionality of a statute” because “the constitutional validity of [the statute] was not raised in the trial court . . . .” In re Adoption of E.N.R., 42 S.W.3d 26, 32 (Tenn. 2001)(discussing and quoting Lawrence). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pettyjohn v. State
green
2 sentences1997See State v. Nichols, 877 S.W.2d 722 (Tenn.1994), cert. denied, 513 U.S. 1114 , 115 S.Ct. 909 , 130 L.Ed.2d 791 (1995); Pettyjohn v. State, 885 S.W.2d 364 (Tenn.Crim.App.), perm. to appeal denied, (Tenn.1994); State v. Beckham, No. 02C01-9405-CR-00107, 1995 WL 568471 (Tenn.Crim.App. at Jackson, Sept. 27, 1995); Caldwell v. State, No. 02C01-9405-CR-00107, 1994 WL 716266 (Tenn.Crim.App. at Jackson, Dec. 28, 1994), perm. to appeal granted in part, denied in part, (Tenn. May 30, 1995); State v. Voaden, No. 01C01-9305-CC-00151, 1994 WL 714223 (Tenn.Crim.App. at Nashville, Dec. 22, 1994), perm. to a 1997See State v. Nichols, 877 S.W. 2d 722 (Tenn. 1994), cert. denied, --- U.S. ---, 115 S.Ct. 909 (1995); Pettyjohn v. State, 885 S.W.2d 364 (Tenn. Crim. | 2 | 1997–1997 |
Armina Lee, D/B/A Brass Bull v. The City of Newport
green
1 sentence2014Lee, 1991 WL 227750, at *4 . | 1 | 2014–2014 |
Big Fork Mining Co. v. Tennessee Water Quality Control Board
green
1 sentence2013This is illustrated, for example, by Big Fork Mining Co. v. Tennessee Water Quality Control Bd., 620 S.W.2d 515 (Tenn.Ct.App.1981), in which a permit applicant challenged TDEC’s application of the Antidegradation Rule, as well as the constitutionality of the rule, as part of a direct permit appeal. | 1 | 2013–2013 |
Ronald Eugene Rickman, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-Appellant
green
1 sentence1998Tenn. 1994), aff'd, 131 F.3d 1150 (6th Cir. 1997), cert. filed (Mar. 2, 1998). 28 The petitioner also argues counsel was ineffective for failing to object to the following instruction on malice: Malice is an intent to do any injury to another, a design formed in the mind to doing the mischief to another. | 1 | 1998–1998 |
Rickman v. Dutton
green
1 sentence1998See also State v. Bush, 942 S.W.2d 489, 520-21 (Tenn. 1997) (upholding the constitutionality of an instruction almost verbatim to the instruction given in petitioner's case), cert. denied, 118 S. Ct. 376 (1997); contra Rickman v. Dutton, 864 F.Supp. 686 (M.D. | 1 | 1998–1998 |
Bush v. Tennessee
green
1 sentence1998See also State v. Bush, 942 S.W.2d 489, 520-21 (Tenn. 1997) (upholding the constitutionality of an instruction almost verbatim to the instruction given in petitioner's case), cert. denied, 118 S. Ct. 376 (1997); contra Rickman v. Dutton, 864 F.Supp. 686 (M.D. | 1 | 1998–1998 |
County Court of Ulster Cty. v. Allen
green
1 sentence1979However, in the case of a permissive inference, the Court held that, in addition to examining “the presumption’s accu *589 racy in the run of cases,” one must also look at the evidence adduced at the particular trial: Instructing the jury concerning the permissive inference will be error only if, “under the facts of the case, there is no rational way the [jury] could make the connection permitted by the inference.” - U.S. at-, 99 S.Ct. at 2224 . | 1 | 1979–1979 |
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.