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10 Tennessee opinions name it 3 courts 1997–2021 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 |
|---|---|---|
State v. Odomgreen2 sentences1999In State v. Odom, 928 S.W.2d 18, 22-23 (Tenn. 1996), this Court clarified the standard to be used by appellate courts when reviewing those findings: 5 Questions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact. 1999In State v. Odom, 928 S.W.2d 18, 22-23 (Tenn.1996), this Court clarified the standard to be used by appellate courts when reviewing those findings: Questions of credibility of the witnesses, the weight and value of the evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge as the trier of fact. | 2 | 3 |
State v. Burnsgreen1 sentence2006The court further concluded that Ely and State v. Burns, 6 S.W.3d 453, 471 (Tenn.1999), in which this Court clarified the framework for determining lesser-included offenses, “enhanced the integrity and reliability of the fact-finding process” and thus created a new constitutional rule requiring retroactive application. | 1 | 1 |
State v. Bushgreen2 sentences2003Acts, ch. 55, § 1, and this Court clarified that the privilege only applied to communications made between spouses in the absence of third persons, see Hazlett v. Bryant, 192 Tenn. 251 , 241 S.W.2d 121, 123 (1951). [3] By adopting the opinion of the Court of Criminal Appeals in an appendix to our opinion in State v. Bush, 942 S.W.2d 489, 509 (Tenn.1997), we recognized that the common law prior to Hurley included the use of the Adams factors. 2003By adopting the opinion of the Court of Criminal Appeals in an appendix to our opinion in State v. Bush, 942 S.W.2d 489, 509 (Tenn.1997), we recognized that the common law prior to Hurley included the use of the Adams factors. | 1 | 1 |
Hazlett v. Bryantgreen2 sentences2003Acts, ch. 55, § 1, and this Court clarified that the privilege only applied to communications made between spouses in the absence of third persons, see Hazlett v. Bryant, 192 Tenn. 251 , 241 S.W.2d 121, 123 (1951). . 2003Acts, ch. 55, § 1, and this Court clarified that the privilege only applied to communications made between spouses in the absence of third persons, see Hazlett v. Bryant, 192 Tenn. 251 , 241 S.W.2d 121, 123 (1951). . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Texas v. McCullough
green
2 sentences2014Ed. 2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S. Ct. 976, 979 , 89 L. 2014Ed. 2d 865 (1989) (quoting Texas v. McCullough, 475 U.S. 134, 138 , 106 S. Ct. 976, 979 , 89 L. | 2 | 2001–2014 |
Alabama v. Smith
green
2 sentences2014In subsequent cases, the Court clarified that the presumption of vindictiveness announced in Pearce “‘do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.’” See Alabama v. Smith, 490 U.S. 794, 799 , 109 S. Ct. 2201, 2204 , 104 L. 2014In subsequent cases, the Court clarified that the presumption of vindictiveness announced in Pearce “‘do[es] not apply in every case where a convicted defendant receives a higher sentence on retrial.’” See Alabama v. Smith, 490 U.S. 794, 799 , 109 S. Ct. 2201, 2204 , 104 L. | 2 | 2001–2014 |
In Re NHC-Nashville Fire Litigation
green
2 sentences2021Id. at 659 . 2021In re NHC, 293 S.W.3d at 562 . - 15 - The Court also clarified the standard for modification of an already-existing protective order, explaining that the same initial factors apply, as well as the extent to which the parties have relied on the protective order in producing discovery. | 1 | 2021–2021 |
State v. Cross
green
1 sentence2013As further support for our holding, we note that the Tennessee Supreme Court in State v. Cross, 362 S.W.2d 512 , 519 (Tenn. 2012), retroactively applied the Watkins test when determining whether a defendant’s multiple convictions violated double jeopardy protections. | 1 | 2013–2013 |
State v. Banks
green
1 sentence2001At that point, the trial court noted the following: I think whatever the prejudice might be, and I’m saying it again for the record that it is - - the probative value outweighs the particular prejudice because the defense in this case, as I listened to your questioning, you cross examined this lady in an effort to demonstrate that she was at fault, that she caused it, that this defendant did what he did because she caused it. 2 As to the photographic evidence, Tennessee courts “follow a policy of liberality in the admission of photographs in both civil and criminal cases.” State v. Morris , 24 | 1 | 2001–2001 |
Morris v. Tennessee
green
1 sentence2001At that point, the trial court noted the following: I think whatever the prejudice might be, and I’m saying it again for the record that it is - - the probative value outweighs the particular prejudice because the defense in this case, as I listened to your questioning, you cross examined this lady in an effort to demonstrate that she was at fault, that she caused it, that this defendant did what he did because she caused it. 2 As to the photographic evidence, Tennessee courts “follow a policy of liberality in the admission of photographs in both civil and criminal cases.” State v. Morris , 24 | 1 | 2001–2001 |
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.