equitable tolling doctrine (Tennessee) · Go Syfert
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equitable tolling doctrine in Tennessee

8 Tennessee opinions name it 3 courts 1996–2022 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 (6)

CaseFollowedCited
Norton v. Everhartgreen
tenn · 1995 · cited in 4 Tennessee opinions naming this issue, 1996–2000
2 sentences

2000See Norton, 895 S.W.2d at 321 . -11- In sentencing each Defendant to two death penalties for the two murders they jointly committed, the jury relied upon the following three aggravating circumstances: 1.

1999Weber v. Moses, 938 S.W.2d 387, 392 (Tenn.1996)(citing Norton v. Everhart, 895 S.W.2d 317, 321 (Tenn.1995)(choosing in favor of the existing doctrine of equitable estoppel over equitable tolling)).

34
State v. Mixongreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2022–2022
1 sentence

2022A writ of error coram nobis is an “extraordinary procedural remedy,” filling only a “slight gap into which few cases fall.” State v. Mixon, 983 S.W.2d 661, 672 (Tenn. 1999) (citation omitted).

11
Ricky HARRIS v. STATE of Tennesseered
tenn · 2010 · cited in 1 Tennessee opinions naming this issue, 2016–2016
1 sentence

2016Even if we give the Petitioner the benefit of the doubt and conclude that the affidavit, though not the petition, “contains sufficient specific factual averments which, if true, make out a prima facie basis for invocation of the equitable tolling doctrine,” see Harris, 301 S.W.3d at 159 (Koch, J., concurring in part and concurring in result), we simply cannot conclude that this proof may have resulted in a different judgment had it been presented at trial.

11
Egerer v. Woodland Realty, Inc.green
ca6 · 2009 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Since, however, RESPA is a federal statute, we are not prevented by Tennessee law from considering the equitable tolling defense. 9 Inc., 556 F.3d 415, 422 (6th Cir. 2009).

11
Workman v. Stategreen
tenn · 2001 · cited in 1 Tennessee opinions naming this issue, 2010–2010
2 sentences

2010The equitable tolling analysis entails a consideration of “the governmental interests involved and the private interests affected by the official action.” Workman v. State, 41 S.W.3d at 103 .

2010The equitable tolling analysis entails a consideration of “the governmental interests involved and the private interests affected by the official action.” Workman v. State, 41 S.W.3d at 103 .

11
Weber v. Mosesgreen
tenn · 1996 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Weber v. Moses, 938 S.W.2d 387, 392 (Tenn.1996)(citing Norton v. Everhart, 895 S.W.2d 317, 321 (Tenn.1995)(choosing in favor of the existing doctrine of equitable estoppel over equitable tolling)).

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 (1)

CaseCitedYears
Burford v. State green
tenn · 1992
2 sentences

2010In 2001, however, this Court applied the doctrine of equitable tolling, first embraced in Burford v. State, 845 S.W.2d 204 (Tenn. 1992), to petitions for a writ of error coram nobis.

2010In 2001, however, this Court applied the doctrine of equitable tolling, first embraced in Burford v. State, 845 S.W.2d 204 (Tenn.1992), to petitions for a writ of error coram nobis.

12010–2010

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 27-7-103 (3) TN § Tenn. Code Ann. § 40-26-105 (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

CA 139 (1978–2026) PA 119 (2000–2026) WA 33 (1994–2026) TX 32 (1990–2026) FL 23 (1986–2026) IL 22 (1989–2026) AL 20 (2007–2026) IA 19 (1998–2025) OH 17 (1998–2026) SC 16 (2008–2025) NJ 16 (1997–2026) MT 15 (1988–2025) DE 15 (2013–2026) ND 13 (1997–2023) DC 13 (1983–2025) CO 12 (1995–2025) MI 10 (2005–2024) CT 10 (1996–2019) NM 10 (1986–2015) AZ 8 (1985–2020) TN 8 (1996–2022) KY 8 (2005–2026) UT 8 (2001–2021) SD 6 (2000–2024) NV 6 (1983–2021) AR 5 (2003–2024) VI 5 (2009–2025) MS 5 (1991–2015) MA 4 (1999–2024) NY 4 (2007–2020) MN 4 (1981–2015) AK 4 (1989–2013) MD 4 (1993–2013) HI 4 (1998–2024) RI 3 (2002–2017) NE 3 (1996–2024) VA 2 (2004–2012) GA 2 (2009–2020) ME 2 (2017–2025) WV 2 (2021–2022) OK 2 (1986–1999) VT 2 (1999–2024) NC 2 (1994–2014) ID 2 (2007–2025)

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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