first part analysis (Tennessee) · Go Syfert
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first part analysis in Tennessee

10 Tennessee opinions name it 3 courts 1979–2026 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.

Followed or applied (2)

CaseFollowedCited
State v. Rainesgreen
tenncrimapp · 1994 · cited in 1 Tennessee opinions naming this issue, 2010–2010
1 sentence

2010For purposes of applying enhancement factor (3), that the “offense involved more than one (1) victim,” see Tenn. Code Ann. § 40-35-114 (3) (1997), this court has defined “victim” as a “person or entity that is injured, killed, had property stolen, or had property destroyed by the perpetrator or a crime.” State v. Raines, 882 S.W.2d 376, 384 (Tenn. Crim.

11
State v. Burnsgreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002State v. Burns, 6 S.W.3d 453, 461 (Tenn. 1999)(“Cases that involve mixed questions of law and fact are subject to de novo review.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
State v. Shirley green
tenn · 1999
2 sentences

2004Shirley, 6 S.W.3d at 248 .

2004Shirley, 6 S.W.3d at 248 .

22004–2004
Ornelas v. United States green
scotus · 1996
1 sentence

2026“The first part of the analysis involves only a determination of historical facts[.]” Id.

12026–2026
SNPCO, INC. v. City of Jefferson City green
tenn · 2012
2 sentences

2026Applying the first part of the analysis in SNPCO, this Court found that the ordinance did not refer to or depend on the city’s zoning plan, nor did it refer to “land, zones, -7- buildings, lot lines, or any other terms and concepts customarily associated with comprehensive zoning plans.” Id. at 478 .

2026We thus held that the ordinance was not tantamount to zoning, but rather fell “squarely within the general police powers traditionally exercised by government.” Id. at 479 .

12026–2026
Cunningham v. Goodyear Tire & Rubber Co. green
tenn · 1991
2 sentences

2008Id.

2008Id.

12008–2008
Goad v. State green
tenn · 1996
2 sentences

2002In applying the first part of the analysis in Goad v. State, 938 S.W.2d at 371 , the trial court correctly noted that the nature and the extent of the evidence at post-conviction focused on the petitioner’s family background, abusive father, placement in a children’s home, and pleasant personality as a child.

2002In applying the first part of the analysis in Goad v. State, 938 S.W.2d at 371 , the trial court correctly noted that the nature and the extent of the evidence at post-conviction focused on the petitioner's family background, abusive father, placement in a children's home, and pleasant personality as a child.

12002–2002
Smith v. Smith's Transfer Corp. green
tenn · 1987
2 sentences

1991The dispositive legal question is whether the worker can be deprived of compensation on the theory that he has suffered merely an increase in pain, which would not be compensable under the first part of the rule in Smith Transfer, supra .

1991The dispositive legal question is whether the worker can be deprived of compensation on the theory that he has suffered merely an increase in pain, which would not be com-pensable under the first part of the rule in Smith Transfer, supra. The record clearly establishes, however, that the plaintiff has become the victim of virtually complete physical debilitation, as the result of osteoarthritis aggravated by the conditions of his employment at Goodyear.

11991–1991
Smith v. Dravo Corp. green
ca7 · 1953
1 sentence

1979Franke v. Wiltschek, 209 F.2d 493 (2d Cir. 1953); Smith v. Dravo, supra; Atlantic Wool Combing Co. v. Norfolk Mills, supra. Since Ledford acquired his knowledge concerning the processes for manufacturing liquid smoke through his position as Hickory’s plant manager, the first part of the test outlined in Allis-Chalmers, supra, is satisfied by the proof.

11979–1979
Franke v. Wiltschek green
ca2 · 1953
1 sentence

1979Franke v. Wiltschek, 209 F.2d 493 (2d Cir. 1953); Smith v. Dravo, supra; Atlantic Wool Combing Co. v. Norfolk Mills, supra. Since Ledford acquired his knowledge concerning the processes for manufacturing liquid smoke through his position as Hickory’s plant manager, the first part of the test outlined in Allis-Chalmers, supra, is satisfied by the proof.

11979–1979
Atlantic Wool Combing Company v. Norfolk Mills, Inc. green
ca1 · 1966
1 sentence

1979Franke v. Wiltschek, 209 F.2d 493 (2d Cir. 1953); Smith v. Dravo, supra; Atlantic Wool Combing Co. v. Norfolk Mills, supra. Since Ledford acquired his knowledge concerning the processes for manufacturing liquid smoke through his position as Hickory’s plant manager, the first part of the test outlined in Allis-Chalmers, supra, is satisfied by the proof.

11979–1979

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-114 (3)

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.

Where else courts name it

TX 125 (1974–2024) OH 95 (1975–2026) NM 90 (1971–2026) IL 75 (1887–2025) CA 68 (1882–2025) WA 64 (1905–2026) UT 63 (1911–2026) PA 59 (1904–2026) CT 56 (1898–2026) FL 39 (1937–2023) MO 39 (1900–2024) WI 32 (1909–2026) NY 32 (1860–2024) OR 28 (1928–2026) IA 27 (1866–2026) GA 25 (1994–2026) IN 22 (1894–2023) MD 22 (1919–2025) MA 21 (1907–2017) NJ 21 (1980–2024) NC 20 (1986–2026) MI 18 (1897–2025) MT 17 (1937–2022) KS 16 (1893–2026) AZ 16 (1966–2018) CO 16 (1909–2026) DC 13 (1947–2024) ND 13 (1955–2025) WY 11 (1961–2022) ME 11 (1909–2021) SD 11 (1951–2011) TN 10 (1979–2026) AL 10 (1983–2023) NE 10 (1987–2025) VT 10 (1916–2022) VA 10 (1837–2025) KY 10 (1882–2020) RI 10 (1993–2020) OK 10 (1898–2018) MS 9 (1884–2022) ID 9 (1909–2021) HI 8 (2002–2021) NH 8 (2003–2021) AR 8 (1923–2018) LA 7 (1997–2023) MN 6 (1919–2024) WV 6 (1890–2024) SC 5 (1993–2013) NV 5 (1998–2022) DE 3 (2008–2026) VI 2 (2010–2014) AK 2 (1986–2020)

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.

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