accused after warning (Tennessee) · Go Syfert
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accused after warning in Tennessee

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.

Followed or applied (2)

CaseFollowedCited
Berghuis v. Thompkinsgreen
scotus · 2010 · cited in 4 Tennessee opinions naming this issue, 2019–2022
2 sentences

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 .

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.

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State of Tennessee v. David Hooper Climer, Jr.green
tenn · 2013 · cited in 3 Tennessee opinions naming this issue, 2019–2022
2 sentences

2022“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 ).

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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 (2)

CaseCitedYears
Miranda v. Arizona green
scotus · 1966
2 sentences

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 .

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 .

41998–2022
Carnley v. Cochran green
scotus · 1962
2 sentences

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.

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.

31968–1977

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-202 (3)

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.

Where else courts name it

TX 32 (1967–2025) CA 12 (1968–2022) NY 11 (1967–1992) IL 10 (1968–1981) TN 8 (1968–2022) AL 8 (1969–2005) VA 6 (1992–2020) AK 5 (1973–1991) MD 4 (1968–1979) LA 4 (1981–2011) OK 4 (1971–1978) NJ 4 (1967–2009) RI 4 (1973–1982) CO 4 (1972–1992) NC 4 (1975–1978) WA 4 (1967–1991) DC 3 (1980–1995) FL 3 (1976–1984) PA 3 (1970–1976) OR 3 (1968–1979) KS 3 (1978–2006) WI 3 (1972–1980) IA 3 (1969–1971) WV 2 (1979–1987) MO 2 (1969–1970)

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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