11 Tennessee opinions name it 3 courts 1974–2022 2 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 |
|---|---|---|
Newcomb v. Kohler Co.green2 sentences2022See Newcomb, 222 S.W.3d at 401 . 2022See Newcomb, 222 S.W.3d at 401 . | 2 | 2 |
State v. Humphreysgreen1 sentence2016App. Aug. 8, 2014) (“[C]onsent occurs at the point that a driver undertakes the privilege of operating a motor vehicle in the State of Tennessee, not at the point the implied consent form is read[.]”); State v. Humphreys, 70 S.W.3d 752, 761 (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 |
|---|---|---|
State v. Jacumin
green
2 sentences2004Jacumin, 778 S.W.2d at 436 . 2004Jacumin, 778 S.W.2d at 436 . | 3 | 2003–2004 |
Shadden v. McElwee
neutral
1 sentence2007Similarly, another early case, Shodden v. McElwee, 86 Tenn. 146 , 5 S.W. 602 , 603 (Tenn.1887), observed that the privilege applied if the defamatory communication was “pertinent ... or, as it is expressed in some of the eases, the relevancy of the words complained of to the matter at issue, is the test of the privilege.” The Court in Shodden recognized the “importance, to a due adminis *23 tration of justice, of upholding the privilege accorded parties to write and speak freely in judicial proceedings.” Id. at 605. | 1 | 2007–2007 |
Jones v. Trice
green
1 sentence2007In more recent cases, this Court has found that defamatory statements by a judge, witness, counsel, or party “made in the course of a judicial proceeding, if pertinent or relevant, are absolutely privileged, and this is true regardless of whether they are malicious, false, known to be false, or against a stranger to the proceeding.” Jones, 360 S.W.2d at 54 . | 1 | 2007–2007 |
Griffin v. City of Knoxville
green
1 sentence2002Id. | 1 | 2002–2002 |
Wyatt v. Winnebago Industries, Inc.
green
1 sentence1984Wyatt v. Winnebago Indus., Inc., Tenn.App.1977; 566 S.W.2d 276 . | 1 | 1984–1984 |
Wooten Transports, Inc. v. Hunter
green
1 sentence1976The most recent case appears to be Wooten Transports, Inc. v. Hunter, 535 S.W.2d 858 , a workmen’s compensation case decided April 6, 1976. | 1 | 1976–1976 |
Johnson v. Zerbst
green
2 sentences1974In Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938), the United States Supreme Court first enunciated the test for waiver of Sixth Amendment rights as the “relinquishment or abandonment of a known right or privilege.” Similarly, in State ex rel. 1974In Johnson v. Zerbst, 304 U.S. 458 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938), the United States Supreme Court first enunciated the test for waiver of Sixth Amendment rights as the “relinquishment or abandonment of a known right or privilege.” Similarly, in State ex rel. | 1 | 1974–1974 |
Helvering v. Morgan's, Inc.
neutral
2 sentences1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. 1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. | 1 | 1974–1974 |
Delaware & Hudson R. v. Cottrell
neutral
2 sentences1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. 1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. | 1 | 1974–1974 |
State Ex Rel. Lea v. Brown
green
2 sentences1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. 1974Lea v. Brown, 166 Tenn. 669 , 64 S.W.2d 841 (1933), cert. denied, 292 U.S. 638 , 54 S.Ct. 717 , 78 L.Ed. 1491 (1933), this Court, in a split opinion, declared that personal constitutional rights can be waived. | 1 | 1974–1974 |
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.