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11 Tennessee opinions name it 3 courts 1992–2020 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. Stephensonred2 sentences2015In State v. Stephenson, 878 S.W.2d 530, 544-545 (Tenn. 1994), our Supreme Court defined a voluntary and knowing waiver of Miranda rights: Relinquishment of the right must be voluntary in the sense that it is the product of a free and deliberate choice rather than the product of intimidation, coercion or deception. 2014He does allege that, at the time of his confession, “his mental illness, active psychosis, and intellectual disability rendered him unable to knowingly and intelligently waive his Miranda rights.” In State v. Stephenson, 878 S.W.2d 530, 544-545 (Tenn. 1994), our Supreme Court defined a voluntary and knowing waiver of Miranda rights: Relinquishment of the right must be voluntary in the sense that it is the product 16 of a free and deliberate choice rather than the product of intimidation, coercion or deception. | 2 | 3 |
State v. Bushgreen2 sentences2008State v. Bush, 942 S.W.2d 489, 500 (Tenn. 1997). 2008State v. Bush, 942 S.W.2d 489, 500 (Tenn. 1997). | 2 | 2 |
State v. Smithgreen2 sentences1992Before there can be a voluntary and knowing waiver, “the accused must be adequately and effectively apprised of his rights.” Miranda, supra, 384 U.S. at 467 , 86 S.Ct. at 1624 , 16 L.Ed.2d at 719 ; Smith, supra, 834 S.W.2d at 918 . 1992Before there can be a voluntary and knowing waiver, “the accused must be adequately and effectively apprised of his rights.” Miranda, supra, 384 U.S. at 467 , 86 S.Ct. at 1624 , 16 L.Ed.2d at 719 ; Smith, supra, 834 S.W.2d at 918 . | 1 | 2 |
Northern Ohio Bank v. Ket Associates, Inc.green1 sentence2020Ch. 214 (S. 6395) (McKinney). - 10 - contained within “a bank’s preprinted promissory note form, [because it] does not, without more, show a voluntary and knowing waiver of the fundamental due process rights to notice and hearing”); see also N. Ohio Bank v. Ket Assocs., Inc., 253 N.W.2d 734, 735 (Mich. Ct. App. 1977) (stating that there is a defense to a cognovit note when “the particular notes in question and procedure employed in entry of judgment, were so repugnant to due process as to deprive the rendering court of jurisdiction”). | 1 | 1 |
Cary v. Carygreen1 sentence2020Such provisions will be fully enforced, unless -5- enforcement will render one spouse a public charge.” Cary v. Cary, 937 S.W.2d 777, 782 (Tenn. 1996). | 1 | 1 |
Collins v. Stategreen1 sentence2010Collins v. State, 670 S.W.2d 219, 221 (Tenn. 1984). | 1 | 1 |
State v. Armesgreen1 sentence2010The defendant’s self-representation at pretrial motions does not excuse absence of “a voluntary and knowing waiver of the right to counsel.” State v. Armes, 673 S.W.2d 174, 177 (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 |
|---|---|---|
D. H. Overmyer Co., Inc. of Ohio v. Frick Co.
green
1 sentence2020The U.S. Supreme Court has stated that “due process rights to notice and hearing prior to a civil judgment are subject to waiver” (Overmyer, 405 U.S. at 185 ); and therefore, “a cognovit clause [in a contract] is not, per se, violative of Fourteenth Amendment due process,” but that it may be so under some circumstances, such as “where the contract is one of adhesion, where there is great disparity in bargaining power, and where the debtor receives nothing for the cognovit provision” (Id. at 187–88). | 1 | 2020–2020 |
Miranda v. Arizona
green
2 sentences1992Before there can be a voluntary and knowing waiver, “the accused must be adequately and effectively apprised of his rights.” Miranda, supra, 384 U.S. at 467 , 86 S.Ct. at 1624 , 16 L.Ed.2d at 719 ; Smith, supra, 834 S.W.2d at 918 . 1992Before there can be a voluntary and knowing waiver, “the accused must be adequately and effectively apprised of his rights.” Miranda, supra, 384 U.S. at 467 , 86 S.Ct. at 1624 , 16 L.Ed.2d at 719 ; Smith, supra, 834 S.W.2d at 918 . | 1 | 1992–1992 |
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.