party invited error (Tennessee) · Go Syfert
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party invited error in Tennessee

10 Tennessee opinions name it 2 courts 2000–2023 1 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 (7)

CaseFollowedCited
State v. Smithgreen
tenn · 2000 · cited in 5 Tennessee opinions naming this issue, 2000–2006
2 sentences

2006See T.R.A.P. 36(a), Advisory Commission Comments (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Smith, 24 S.W.3d 274, 279-80 (Tenn.2000); Hill v. State, 513 S.W.2d 142, 143 (Tenn.Crim.App.1974) (stating that to allow evidentiary questions to be raised at anytime would “undercut the very function of the trial process, for it would become a tactical matter of defense to allow a bit of const

2006See T.R.A.P. 36(a), Advisory Commission Comments ("The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error."); see also State v. Smith, 24 S.W.3d 274, 279-80 (Tenn.2000); Hill v. State, 513 S.W.2d 142, 143 (Tenn.Crim.App.1974) (stating that to allow evidentiary questions to be raised at anytime would "undercut the very function of the trial process, for it would become a tactical matter of defense to allow a bit of const

55
Hill v. Stategreen
tenncrimapp · 1974 · cited in 4 Tennessee opinions naming this issue, 2000–2006
2 sentences

2006See T.R.A.P. 36(a), Advisory Commission Comments (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Smith, 24 S.W.3d 274, 279-80 (Tenn.2000); Hill v. State, 513 S.W.2d 142, 143 (Tenn.Crim.App.1974) (stating that to allow evidentiary questions to be raised at anytime would “undercut the very function of the trial process, for it would become a tactical matter of defense to allow a bit of const

2006See T.R.A.P. 36(a), Advisory Commission Comments ("The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error."); see also State v. Smith, 24 S.W.3d 274, 279-80 (Tenn.2000); Hill v. State, 513 S.W.2d 142, 143 (Tenn.Crim.App.1974) (stating that to allow evidentiary questions to be raised at anytime would "undercut the very function of the trial process, for it would become a tactical matter of defense to allow a bit of const

44
State v. Pritchettgreen
tenn · 1981 · cited in 2 Tennessee opinions naming this issue, 2006–2009
2 sentences

2009App. P. 36(a), Advisory Commission Cmts. (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Pritchett, 621 S.W.2d 127, 135 (Tenn. 1981) (citing State v. Sutton, 562 S.W.2d 820 (Tenn. 1978) (explaining that “[w]ithout contemporaneous objection [to improper questions], the error, if any, is waived”).

2006App. P. 36(a), Advisory Commission Cmts. (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Pritchett, 621 S.W.2d 127, 135 (Tenn. 1981) (citing State v. Sutton, 562 S.W.2d 820 (Tenn. 1978)) (explaining that “[w]ithout contemporaneous objection [to improper questions], the error, if any, is waived”).

22
State v. Suttongreen
tenn · 1978 · cited in 2 Tennessee opinions naming this issue, 2006–2009
2 sentences

2009App. P. 36(a), Advisory Commission Cmts. (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Pritchett, 621 S.W.2d 127, 135 (Tenn. 1981) (citing State v. Sutton, 562 S.W.2d 820 (Tenn. 1978) (explaining that “[w]ithout contemporaneous objection [to improper questions], the error, if any, is waived”).

2006App. P. 36(a), Advisory Commission Cmts. (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Pritchett, 621 S.W.2d 127, 135 (Tenn. 1981) (citing State v. Sutton, 562 S.W.2d 820 (Tenn. 1978)) (explaining that “[w]ithout contemporaneous objection [to improper questions], the error, if any, is waived”).

22
State v. Leachgreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2023–2023
1 sentence

2023In addition, “[a]s a general rule, a party may not litigate an issue on one ground, abandon that ground post-trial, and assert a new basis or ground on appeal.” State v. Leach 148 S.W.3d 42, 55 (Tenn. 2004). “[A] party is bound by the ground asserted when making an objection.

11
Levine v. Marchgreen
tennctapp · 2007 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012To the same effect is the holding of Levine v. March, 266 S.W.3d 426, 440 (Tenn.Ct.App.2007) (parties cannot obtain relief based on an alleged error they could have prevented).

11
State v. Littlegreen
tenncrimapp · 1992 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004App. P. 36(a), Advisory Commission Cmts. (“The last sentence of this rule is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.”); see also State v. Smith, 24 S.W.3d 274, 279-80 (Tenn. 2000); State v. Little, 854 S.W.2d 643, 651 (Tenn. Crim.

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 (1)

CaseCitedYears
Overstreet v. Shoney's, Inc. green
tennctapp · 1999
1 sentence

2016The Advisory Committee comments explain that the rule “is a statement of the accepted principle that a party is not entitled to relief if the party invited error, waived an error, or failed to take whatever steps were reasonably available to cure an error.” Id. cmt.

12016–2016

Where else courts name it

TN 10 (2000–2023) ID 4 (2018–2025) AZ 3 (2013–2020) IN 2 (2006–2017) WA 2 (2014–2014)

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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