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9 Tennessee opinions name it 3 courts 2009–2026 4 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 |
|---|---|---|
Richardson v. Tennessee Board of Dentistrygreen2 sentences2022In Richardson, the Supreme Court held that an administrative body may consider and resolve questions of the “unconstitutional application of a statute to the specific circumstances of a case.” Id. at 455 . 2014See, e.g., Moncier v. Bd. of Prof'l Responsibility, 406 S.W.3d 139, 151-53 (Tenn.2013) (addressing a void-for-vagueness challenge to Rule 9, § 24.3, among other issues raised in the appeal of a hearing panel’s decision on a petition for relief from costs); cf. Richardson, 913 S.W.2d at 456-57 (discussing the procedure for raising facial constitutional challenges in proceedings governed by the Administrative Procedures Act). | 1 | 2 |
State v. Dixongreen1 sentence2026App. June 15, 2017) (stating that because “[a] claim that the proscriptive statute is facially unconstitutional amounts to a claim that the trial court lacks jurisdiction to impose a conviction under the statute,” “a facial constitutional challenge to the proscriptive statute is not subject to the waiver provision of Rule 12” (citing State v. Dixon, 530 S.W.2d 73, 74-75 (Tenn. 1975)). | 1 | 1 |
Alleyne v. United Statesgreen1 sentence2017We observed in Bonds that “[d]espite simply being dubbed by the General Assembly as ‘enhanced punishment,’ the factual requirements of Section 40-35-121 are elements of the underlying criminal gang offenses because the statute increases the prescribed range of penalties applicable to a defendant.” Bonds, 502 S.W.3d at 150 ; see also Alleyne v. United States, 133 S. Ct. 2151, 2162 (2013) (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”). | 1 | 1 |
Herbert S. Moncier v. Board of Professional Responsibilitygreen1 sentence2014See, e.g., Moncier v. Bd. of Prof'l Responsibility, 406 S.W.3d 139, 151-53 (Tenn.2013) (addressing a void-for-vagueness challenge to Rule 9, § 24.3, among other issues raised in the appeal of a hearing panel’s decision on a petition for relief from costs); cf. Richardson, 913 S.W.2d at 456-57 (discussing the procedure for raising facial constitutional challenges in proceedings governed by the Administrative Procedures Act). | 1 | 1 |
Colonial Pipeline Co. v. Morgangreen1 sentence2014Colonial Pipeline v. Morgan, 263 S.W.3d 827, 853 (Tenn. 2008). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Petition of Burson
green
2 sentences2009Gallaher v. Elam, 104 S.W.3d at 459 ; In re Burson, 909 S.W.2d at 775 . 2009Gallaher v. Elam, 104 S.W.3d at 459 ; In re Burson, 909 S.W.2d at 775 . | 2 | 2009–2009 |
Gallaher v. Elam
green
2 sentences2009Gallaher v. Elam, 104 S.W.3d at 459 ; In re Burson, 909 S.W.2d at 775 . 2009Gallaher v. Elam, 104 S.W.3d at 459 ; In re Burson, 909 S.W.2d at 775 . | 2 | 2009–2009 |
Fletcher Whaley Long v. Board of Professional Responsibility of the Supreme Court of Tennessee
green
1 sentence2025Id. at 184–85. | 1 | 2025–2025 |
Reginald Dion Hughes v. Tennessee Board of Probation and Parole
green
1 sentence2021In Hughes v. Tennessee Board of Probation and Parole, 514 S.W.3d 707 (Tenn. 2017), the Tennessee Supreme Court addressed the same “as-applied” constitutional 2 In his appellate brief, Mr. Halliburton also asserts a facial constitutional challenge to Tenn. Code Ann. § 41-21-812 , but he failed to raise this issue in the chancery court. | 1 | 2021–2021 |
State v. Bonds
green
1 sentence2017We observed in Bonds that “[d]espite simply being dubbed by the General Assembly as ‘enhanced punishment,’ the factual requirements of Section 40-35-121 are elements of the underlying criminal gang offenses because the statute increases the prescribed range of penalties applicable to a defendant.” Bonds, 502 S.W.3d at 150 ; see also Alleyne v. United States, 133 S. Ct. 2151, 2162 (2013) (“When a finding of fact alters the legally prescribed punishment so as to aggravate it, the fact necessarily forms a constituent part of a new offense and must be submitted to the jury.”). | 1 | 2017–2017 |
State v. Rhoden
green
1 sentence2017Rhoden, 739 S.W.2d at 10 . | 1 | 2017–2017 |
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.