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12 Tennessee opinions name it 2 courts 1988–2017 0 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 |
|---|---|---|
Black v. Stategreen2 sentences2004See Black v. State, 794 S.W.2d 752, 757 (Tenn. Crim. 2003See Black v. State, 794 S.W.2d 752, 757 (Tenn. Crim. | 3 | 3 |
Goad v. Stategreen2 sentences2004Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 , 104 S. Ct. at 2069 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -24- By statute in Tennessee, the petitioner at a post-conviction relief hearing has the burden of proving the allegations of fact by clear and convincing evidence. 2003Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 , 104 S. Ct. at 2069 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -5- By statute in Tennessee, the petitioner at a post-conviction relief hearing has the burden of proving the allegations of fact by clear and convincing evidence. | 2 | 2 |
House v. Stategreen2 sentences2017Just as “there is no constitutional or statutory right to effective assistance of post-conviction counsel,” House, 911 S.W.2d at 712 , there is no right to effective assistance of Rule 36.1 counsel. 2010While Petitioner is correct that ineffective assistance of appellate counsel can form the basis for a post- conviction relief claim, see House v. State, 911 S.W.2d 705, 712 (Tenn. 1995) (citing Douglas v. California, 372 U.S. 353 (1963)), he must still satisfy the requirements of Strickland. | 1 | 2 |
Davis v. Stategreen2 sentences2002App. 1988) (1989 Opinion on Denial of Rehearing) ; see also Davis v. State, 673 S.W.2d 171, 174 (Tenn. Crim. 1988Accordingly, we rely on Davis v. State, 673 S.W.2d 171 (Tenn.Crim.App.1984) and State v. Craven, 656 S.W.2d 872 (Tenn.Crim.App.1982) wherein this Court held that when counsel is challenged and a post-conviction relief hearing is held, the State should present the attacked counsel to show what occurred. | 1 | 2 |
Adkins v. Stategreen1 sentence2003See Adkins, 911 S.W.2d at 347 . | 1 | 1 |
Sherrill v. Stategreen1 sentence2002On previous occasions this Court has underscored this fact by holding “that when counsel is challenged and a post-conviction relief hearing is held, the State should present the attacked counsel to show what occurred.” Sherrill v. State, 772 S.W.2d 60, 63 (Tenn. Crim. | 1 | 1 |
Denton v. Stategreen1 sentence2000See Denton, 945 S.W.2d at 802-03 . | 1 | 1 |
Garrett v. Stategreen1 sentence1988See also Garrett v. State, 530 S.W.2d 98 (Tenn.Crim.App.1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2004Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 , 104 S. Ct. at 2069 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -24- By statute in Tennessee, the petitioner at a post-conviction relief hearing has the burden of proving the allegations of fact by clear and convincing evidence. 2004Courts need not approach the Strickland test in a specific order or even “address both components of the inquiry if the defendant makes an insufficient showing on one.” 466 U.S. at 697 , 104 S. Ct. at 2069 ; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”). -24- By statute in Tennessee, the petitioner at a post-conviction relief hearing has the burden of proving the allegations of fact by clear and convincing evidence. | 2 | 2003–2004 |
Douglas v. California
green
1 sentence2010While Petitioner is correct that ineffective assistance of appellate counsel can form the basis for a post- conviction relief claim, see House v. State, 911 S.W.2d 705, 712 (Tenn. 1995) (citing Douglas v. California, 372 U.S. 353 (1963)), he must still satisfy the requirements of Strickland. | 1 | 2010–2010 |
Clenny v. State
green
1 sentence1993Clenny v. State, 576 S.W.2d 12 (Tenn.Cr.App.1978). | 1 | 1993–1993 |
State v. Craven
green
1 sentence1988Accordingly, we rely on Davis v. State, 673 S.W.2d 171 (Tenn.Crim.App.1984) and State v. Craven, 656 S.W.2d 872 (Tenn.Crim.App.1982) wherein this Court held that when counsel is challenged and a post-conviction relief hearing is held, the State should present the attacked counsel to show what occurred. | 1 | 1988–1988 |
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.