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8 Tennessee opinions name it 1 courts 1968–2022 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.
| Case | Followed | Cited |
|---|---|---|
Berghuis v. Thompkinsgreen2 sentences2022Berghuis v. Thompkins, 560 U.S. 370, 382 (2010). “[A] valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained.” Miranda, 384 U.S. at 475 . 2022Berghuis v. Thompkins, 560 U.S. 370, 382 (2010). “[A] valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained.” Miranda, 384 U.S. at 475. | 3 | 4 |
State of Tennessee v. David Hooper Climer, Jr.green2 sentences2022“The State bears the burden of establishing ‘waiver by a preponderance of the evidence.’” State v. Climer, 400 S.W.3d 537, 564 (Tenn. 2013) (quoting Berghuis, 560 U.S. at 384 ). 2019“The State bears the burden of establishing ‘waiver by a preponderance of the evidence.’” State v. Climer, 400 S.W.3d 537, 564 (Tenn. 2013) (quoting Berghuis, 560 U.S. at 384 ). | 3 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
2 sentences2022Berghuis v. Thompkins, 560 U.S. 370, 382 (2010). “[A] valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained.” Miranda, 384 U.S. at 475 . 2019Berghuis v. Thompkins, 560 U.S. 370, 382 (2010). “[A] valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained.” Miranda, 384 U.S. at 475 . | 4 | 1998–2022 |
Carnley v. Cochran
green
2 sentences1977A statement we made in Carnley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884, 890 , 8 L.Ed.2d 70 (1962), is applicable here: ‘Presuming waiver from a silent record is impermissible. 1977A statement we made in Carnley v. Cochran, 369 U.S. 506, 516 , 82 S.Ct. 884, 890 , 8 L.Ed.2d 70 (1962), is applicable here: ‘Presuming waiver from a silent record is impermissible. | 3 | 1968–1977 |
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.
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.