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10 Tennessee opinions name it 3 courts 1929–2023 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.
| Case | Followed | Cited |
|---|---|---|
Smith v. Lewisgreen2 sentences2013On the other hand, “where an illegal sentence is imposed pursuant to a plea agreement but is not a material (bargained-for) element of the agreement, the illegal sentence may be corrected in habeas corpus, but the conviction will remain intact,” Edwards, 269 S.W.3d at 928 , and the petitioner is afforded no opportunity to withdraw his plea, see Smith, 202 S.W.3d at 130 (“Rather, the record in this case demonstrates that the trial court made an error sua sponte and independent of the plea bargain. 2011Smith v. Lewis, 202 S.W.3d 124, 130 (Tenn. 2006). | 2 | 2 |
Kilbourne v. Hanzelikgreen2 sentences2007In support of her argument advocating change, Plaintiff cites, among other things, Broadwell v. Holmes, and quotes: This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, 502 U.S. 942 , 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983)[)]. 1994This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, — U.S.-, 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983). | 2 | 2 |
Hanover v. Ruchgreen2 sentences2007In support of her argument advocating change, Plaintiff cites, among other things, Broadwell v. Holmes, and quotes: This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, 502 U.S. 942 , 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983)[)]. 1994This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, — U.S.-, 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983). | 2 | 2 |
Strickland v. Washingtongreen2 sentences2010Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984). 2010Strickland v. Washington, 466 U.S. 668, 687 , 104 S. Ct. 2052, 2064 (1984). | 1 | 2 |
HAYES v. the STATE.green1 sentence2023Hayes v. State, 809 S.E.2d 832, 834-35 (Ga. Ct. App. 2018) (rejecting the defendant’s claim that his decision to proceed pro se upon entry of guilty plea was invalid where prior to accepting the defendant’s plea, the trial court inquired as to his examination of the guilty-plea form with the assistance of counsel; his discussion of the underlying facts and potential defenses with counsel; and his satisfaction with counsel’s representation; defendant conferred with counsel during the guilty-plea hearing; defendant’s attorney interjected questions when the trial court made inquiry into defendant | 1 | 1 |
Broadwell Ex Rel. Broadwell v. Holmesgreen1 sentence2007Broadwell v. Holmes, 871 S.W.2d 471, 473 (Tenn.1994). | 1 | 1 |
State v. Smallgreen1 sentence2006See Small, 988 S.W.2d at 673 . | 1 | 1 |
Davis v. Davisgreen1 sentence1994While recognizing the prece-dential value of prior case law is required to maintain uniformity and consistency in the law, a “mindless obedience to this precept can confound the search for truth and foster an attitude of contempt.” Davis v. Davis, 657 S.W.2d 753, 758 (Tenn.1983); see also Hanover v. Ruch, 809 S.W.2d 893, 898 (Tenn.1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hanover v. Ruch
neutral
2 sentences2007In support of her argument advocating change, Plaintiff cites, among other things, Broadwell v. Holmes, and quotes: This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, 502 U.S. 942 , 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983)[)]. 2007In support of her argument advocating change, Plaintiff cites, among other things, Broadwell v. Holmes, and quotes: This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete. “ ‘[W]e abdicate our own function, in a field peculiarly non-statutory, when we refuse to consider an old and court made rule.’ ” Hanover v. Ruch, 809 S.W.2d 893, 896 (Tenn.), cert. denied, 502 U.S. 942 , 112 S.Ct. 381 , 116 L.Ed.2d 332 (1991) (quoting Kilbourne v. Hanzelik, 648 S.W.2d 932, 934 (Tenn.1983)[)]. | 2 | 1994–2007 |
Hines v. State
neutral
1 sentence2023Hayes v. State, 809 S.E.2d 832, 834-35 (Ga. Ct. App. 2018) (rejecting the defendant’s claim that his decision to proceed pro se upon entry of guilty plea was invalid where prior to accepting the defendant’s plea, the trial court inquired as to his examination of the guilty-plea form with the assistance of counsel; his discussion of the underlying facts and potential defenses with counsel; and his satisfaction with counsel’s representation; defendant conferred with counsel during the guilty-plea hearing; defendant’s attorney interjected questions when the trial court made inquiry into defendant | 1 | 2023–2023 |
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden
green
1 sentence2013On the other hand, “where an illegal sentence is imposed pursuant to a plea agreement but is not a material (bargained-for) element of the agreement, the illegal sentence may be corrected in habeas corpus, but the conviction will remain intact,” Edwards, 269 S.W.3d at 928 , and the petitioner is afforded no opportunity to withdraw his plea, see Smith, 202 S.W.3d at 130 (“Rather, the record in this case demonstrates that the trial court made an error sua sponte and independent of the plea bargain. | 1 | 2013–2013 |
Morash & Sons, Inc. v. Commonwealth
green
1 sentence1981The doctrine of sovereign immunity upon which the Commonwealth relies was likewise court made.... 296 N.E.2d at 463 . | 1 | 1981–1981 |
Keller v. Federal Bob Brannon Truck Co.
green
1 sentence1929In the case of Keller v. Federal Truck Company, 151 Tenn. 427 , it was held that in order to entitle the plaintiff to an attachment under this statute, it must be alleged in the affidavit and shown in the attachment that the truck or ear that is sought to be attached was at the time of the alleged wrongful act, being operated in wilful violation of this statute. | 1 | 1929–1929 |
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.