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11 Tennessee opinions name it 2 courts 1997–2010 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 |
|---|---|---|
State v. Sextongreen2 sentences2010See, e.g., Nichols v. State, 877 S.W.2d 722, 734 (Tenn. 1994); State v. Sexton, 917 S.W.2d 263, 266 (Tenn. Crim. 2003See Nichols v. State, 877 S.W.2d 722, 734 (Tenn. 1994); State v. Sexton, 917 S.W.2d 263, 266 (Tenn. Crim. | 3 | 3 |
State v. Nicholsgreen2 sentences2010See, e.g., Nichols v. State, 877 S.W.2d 722, 734 (Tenn. 1994); State v. Sexton, 917 S.W.2d 263, 266 (Tenn. Crim. 2003See Nichols v. State, 877 S.W.2d 722, 734 (Tenn. 1994); State v. Sexton, 917 S.W.2d 263, 266 (Tenn. Crim. | 3 | 3 |
Victor v. Nebraskagreen2 sentences1997The "beyond a reasonable doubt standard" provides concrete substance for the presumption of innocence; "that 10 Ironically, we note that challenges to the reasonable doubt jury instruction in the past have focused almost exclusively upon inclusion of the moral certainty language. 13 bedrock axiomatic and elementary principle whose enforcement lies at the foundation of the administration of our criminal law." Winship, 397 U.S. at 364 , 90 S.Ct. at 1072 ; see also Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 (1994). 1997The "beyond a reasonable doubt standard" provides concrete substance for the presumption of innocence; "that 10 Ironically, we note that challenges to the reasonable doubt jury instruction in the past have focused almost exclusively upon inclusion of the moral certainty language. 13 bedrock axiomatic and elementary principle whose enforcement lies at the foundation of the administration of our criminal law." Winship, 397 U.S. at 364 , 90 S.Ct. at 1072 ; see also Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 (1994). | 1 | 4 |
Rickman v. Duttongreen2 sentences1999Although we recognize the appellant’s interest in preserving his right to later assert such a claim in future litigation, his challenge to the reasonable doubt jury instruction does not constitute an exception under Tenn. Code Ann. § 40-30-202 (b)(1), as neither Rickman v. Dutton, 864 F. Supp. at 686 , nor its predecessors created a new constitutional rule of law that would justify the tolling of the statute of limitations. 1998We agree with the trial court 7 that the jury instruction is valid 7 The appellant’s reliance upon Rickman v. Dutton, 864 F. Supp. 686, 707 (M.D. | 1 | 4 |
Pettyjohn v. Stategreen1 sentence1998Moreover, a jury instruction similar to the one about which Appellant complains was approved by this Court in Pettyjohn v. State, 885 S.W.2d 364, 365 (Tenn. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cage v. Louisiana
yellow
2 sentences2010Moreover, the argument relating to the use of the term “moral certainty” within a reasonable doubt jury instruction was analyzed under the Supreme Court’s earlier ruling in Cage v. Louisiana, 498 U.S. 39 , 111 S. Ct. 328 (1990). 2010Moreover, the argument relating to the use of the term “moral certainty” within a reasonable doubt jury instruction was analyzed under the Supreme Court’s earlier ruling in Cage v. Louisiana, 498 U.S. 39 , 111 S. Ct. 328 (1990). | 4 | 1997–2010 |
Austin v. Bell
green
1 sentence1999Additionally, the United States Court of Appeals for the Sixth Circuit upheld the constitutionality of a similar reasonable doubt jury instruction which included the phrase “moral certainty.” See Austin v. Bell, 126 F.3d 843 , 846- 47 (6th Cir. 1997), cert. denied, --- U.S. ---, 118 S.Ct. 1526 , 1547 (1998). | 1 | 1999–1999 |
Richard H. Austin v. Ricky Bell, Warden
green
1 sentence1999Additionally, the United States Court of Appeals for the Sixth Circuit upheld the constitutionality of a similar reasonable doubt jury instruction which included the phrase “moral certainty.” See Austin v. Bell, 126 F.3d 843 , 846- 47 (6th Cir. 1997), cert. denied, --- U.S. ---, 118 S.Ct. 1526 , 1547 (1998). | 1 | 1999–1999 |
Baxter v. Rose
green
1 sentence1998This Court reviews a claim of ineffective assistance of counsel under the standards of Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975), and Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1998–1998 |
Strickland v. Washington
green
2 sentences1998This Court reviews a claim of ineffective assistance of counsel under the standards of Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975), and Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1998This Court reviews a claim of ineffective assistance of counsel under the standards of Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975), and Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 1 | 1998–1998 |
Black v. State
green
1 sentence1998Henley v. State, S.W.2d at ; Black v. State, 794 S.W.2d at 755 . 1 The post-conviction court made other findings of fact and conclusions of law which are germane to this appeal, including: (1) the reasonable doubt jury instruction given at trial was constitutional; (2) the trial court did not abuse its discretion in denying a severance of defendants; (3) the trial court correctly refused to suppress both petitioners’ statements; and (4) Williams’ appellate attorney was not ineffective for failing to challenge the suppression ruling as there was no legal foundation to challenge the statement’s | 1 | 1998–1998 |
House v. State
green
1 sentence1998See T.C.A. § 40-30-112 (repealed 1995); House, 911 S.W.2d at 714 . 7 In any event, the courts of this state have repeatedly upheld the use of the phrase “moral certainty” in the context of the reasonable doubt jury instruction given at the petitioner’s trial. | 1 | 1998–1998 |
In Re WINSHIP
green
2 sentences1997The "beyond a reasonable doubt standard" provides concrete substance for the presumption of innocence; "that 10 Ironically, we note that challenges to the reasonable doubt jury instruction in the past have focused almost exclusively upon inclusion of the moral certainty language. 13 bedrock axiomatic and elementary principle whose enforcement lies at the foundation of the administration of our criminal law." Winship, 397 U.S. at 364 , 90 S.Ct. at 1072 ; see also Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 (1994). 1997The "beyond a reasonable doubt standard" provides concrete substance for the presumption of innocence; "that 10 Ironically, we note that challenges to the reasonable doubt jury instruction in the past have focused almost exclusively upon inclusion of the moral certainty language. 13 bedrock axiomatic and elementary principle whose enforcement lies at the foundation of the administration of our criminal law." Winship, 397 U.S. at 364 , 90 S.Ct. at 1072 ; see also Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 (1994). | 1 | 1997–1997 |
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.