made rule (Tennessee) · Go Syfert
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made rule in Tennessee

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.

Followed or applied (8)

CaseFollowedCited
Smith v. Lewisgreen
tenn · 2006 · cited in 2 Tennessee opinions naming this issue, 2011–2013
2 sentences

2013On 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).

22
Kilbourne v. Hanzelikgreen
tenn · 1983 · cited in 2 Tennessee opinions naming this issue, 1994–2007
2 sentences

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quotes: This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete.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)[)].

1994This Court has a continuing duty to consider whether the common-law, as created and developed through case law, is obsolete.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).

22
Hanover v. Ruchgreen
tenn · 1991 · cited in 2 Tennessee opinions naming this issue, 1994–2007
2 sentences

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)[)].

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).

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 2 Tennessee opinions naming this issue, 2003–2010
2 sentences

2010Strickland 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).

12
HAYES v. the STATE.green
gactapp · 2018 · cited in 1 Tennessee opinions naming this issue, 2023–2023
1 sentence

2023Hayes 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

11
Broadwell Ex Rel. Broadwell v. Holmesgreen
tenn · 1994 · cited in 1 Tennessee opinions naming this issue, 2007–2007
1 sentence

2007Broadwell v. Holmes, 871 S.W.2d 471, 473 (Tenn.1994).

11
State v. Smallgreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2006–2006
1 sentence

2006See Small, 988 S.W.2d at 673 .

11
Davis v. Davisgreen
tenn · 1983 · cited in 1 Tennessee opinions naming this issue, 1994–1994
1 sentence

1994While 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).

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 (5)

CaseCitedYears
Hanover v. Ruch neutral
scotus · 1991
2 sentences

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)[)].

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)[)].

21994–2007
Hines v. State neutral
scctapp · 2021
1 sentence

2023Hayes 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

12023–2023
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden green
tenn · 2008
1 sentence

2013On 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.

12013–2013
Morash & Sons, Inc. v. Commonwealth green
mass · 1973
1 sentence

1981The doctrine of sovereign immunity upon which the Commonwealth relies was likewise court made.... 296 N.E.2d at 463 .

11981–1981
Keller v. Federal Bob Brannon Truck Co. green
tenn · 1924
1 sentence

1929In 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.

11929–1929

Where else courts name it

PA 584 (1898–2026) TX 93 (1924–2025) CA 74 (1940–2026) IL 50 (1864–2026) VA 45 (1932–2026) GA 44 (1918–2026) OH 43 (1985–2026) NY 41 (1924–2025) MI 36 (1925–2026) FL 33 (1969–2024) WA 22 (1980–2025) OR 19 (1917–2026) LA 18 (1964–2018) NC 17 (1923–2026) AL 14 (1916–2004) WI 13 (1875–2023) IA 12 (1891–2023) UT 11 (1990–2024) AR 10 (1920–2015) TN 10 (1929–2023) IN 10 (1942–2016) OK 10 (1924–2018) MO 8 (1926–2018) MD 8 (1972–2023) AZ 7 (2000–2026) NJ 6 (1985–2024) KS 6 (2010–2026) ME 6 (1835–2026) MS 6 (1961–2003) CT 6 (1971–2016) CO 5 (1963–2026) MT 5 (1913–2026) KY 4 (1945–2019) ND 4 (2002–2006) DC 4 (1986–2024) MN 4 (1949–2009) SC 4 (1977–2023) RI 3 (1995–2017) MA 3 (1999–2017) NE 3 (1917–1998) NM 3 (1976–1981) VT 2 (1850–2002) NH 2 (1869–1980) DE 2 (1848–1986) ID 2 (1898–1977)

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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