checks and balances doctrine (Tennessee) · Go Syfert
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checks and balances doctrine in Tennessee

8 Tennessee opinions name it 3 courts 1993–2014 0 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 (5)

CaseFollowedCited
State v. Brackettgreen
tenncrimapp · 1993 · cited in 5 Tennessee opinions naming this issue, 1997–2014
2 sentences

2014State v. Brackett, 869 S.W.2d 936, 939 (Tenn.Crim.App.1993) (citations omitted).

1997The branches of government, however, are guided by the doctrine of checks and balances; the doctrine of separation of powers is not absolute... . *717 Brackett, 869 S.W.2d at 939 (citations omitted).

55
Newton v. Coxgreen
tenn · 1994 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013We decline to consider those arguments for the same reason. -9- doctrine of checks and balances; the doctrine of separation of powers is not absolute.” Id. “[I]t is impossible to preserve perfectly the ‘theoretical lines of demarcation between the executive, legislative and judicial branches of government” and “[i]ndeed there is, by necessity, a certain amount of overlap because the three branches of government are interdependent.” State v. Mallard, 40 S.W.3d 473, 481 (Tenn. 2001); see also Newton v. Cox, 878 S.W.2d 105, 111 (Tenn. 1994) (“[A]reas exist in which both the legislative and judici

11
James G. Thomas, Jr., Brother and Next of Kin of Karen G. Thomas v. Elizabeth Oldfield, M.D.green
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013“Only the Supreme Court has the inherent power to promulgate rules governing the practice and procedure of the courts of this state.” Mallard, 40 S.W.3d at 480-81 ; see also Thomas v. Oldfield, 279 S.W.3d 259, 261 (Tenn. 2009).

11
State v. Kinggreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013State v. King, 973 S.W.2d 586, 588 (Tenn. 1998) (quoting State v. Brackett, 869 S.W.2d 936, 939 (Tenn. Crim.

11
State v. Mallardgreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2013–2013
2 sentences

2013We decline to consider those arguments for the same reason. -9- doctrine of checks and balances; the doctrine of separation of powers is not absolute.” Id. “[I]t is impossible to preserve perfectly the ‘theoretical lines of demarcation between the executive, legislative and judicial branches of government” and “[i]ndeed there is, by necessity, a certain amount of overlap because the three branches of government are interdependent.” State v. Mallard, 40 S.W.3d 473, 481 (Tenn. 2001); see also Newton v. Cox, 878 S.W.2d 105, 111 (Tenn. 1994) (“[A]reas exist in which both the legislative and judici

2013“Only the Supreme Court has the inherent power to promulgate rules governing the practice and procedure of the courts of this state.” Mallard, 40 S.W.3d at 480-81 ; see also Thomas v. Oldfield, 279 S.W.3d 259, 261 (Tenn. 2009).

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 (2)

CaseCitedYears
Anderson County Quarterly Court v. Judges of the 28th Judicial Circuit green
tennctapp · 1978
2 sentences

2008Anderson County Quarterly Court v. Judges of 28th Judicial Circuit, 579 S.W.2d 875 (Tenn.Ct.App.1978). 9 .

1993Anderson County Quarterly Court v. Judges of 28th Judicial Circuit, 579 S.W.2d 875 (Tenn.App.1978).

21993–2008
Harrison v. Schrader green
tenn · 1978
1 sentence

2013We decline to consider those arguments for the same reason. -9- doctrine of checks and balances; the doctrine of separation of powers is not absolute.” Id. “[I]t is impossible to preserve perfectly the ‘theoretical lines of demarcation between the executive, legislative and judicial branches of government” and “[i]ndeed there is, by necessity, a certain amount of overlap because the three branches of government are interdependent.” State v. Mallard, 40 S.W.3d 473, 481 (Tenn. 2001); see also Newton v. Cox, 878 S.W.2d 105, 111 (Tenn. 1994) (“[A]reas exist in which both the legislative and judici

12013–2013

Where else courts name it

TN 8 (1993–2014) OH 4 (2006–2022) AK 2 (1986–2001) MS 2 (2000–2001)

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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