8 Tennessee opinions name it 3 courts 1945–2021 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. Swindlegreen1 sentence2001In both State v. Swindle, 30 S.W.3d 289, 293 (Tenn. 2000); and State v. Bolden, 979 s.W.2d 587, 593 (Tenn. 1998); the Williams case is held out as an example of when an error in failing to instruct on lesser-included offenses will be found to be harmless beyond a reasonable doubt. | 1 | 1 |
Telephone & Telegraph Co. v. Shawgreen2 sentences1991See Inland Container Corporation v. March, 529 S.W.2d 43, 44-45 (Tenn.1975) (“punitive damages are ... awarded in cases involving fraud”); Telephone and Telegraph Co. v. Shaw, 102 Tenn. 313, 318 , 52 S.W. 163 (1889) (“where fraud ... intervenes, the law blends the interests of society and of the aggrieved individual and gives damages such as will operate as an example or warning to the parties or others to deter”). 1991See Inland Container Corporation v. March, 529 S.W.2d 43, 44-45 (Tenn.1975) (“punitive damages are ... awarded in cases involving fraud”); Telephone and Telegraph Co. v. Shaw, 102 Tenn. 313, 318 , 52 S.W. 163 (1889) (“where fraud ... intervenes, the law blends the interests of society and of the aggrieved individual and gives damages such as will operate as an example or warning to the parties or others to deter”). | 1 | 1 |
Inland Container Corporation v. Marchgreen1 sentence1991See Inland Container Corporation v. March, 529 S.W.2d 43, 44-45 (Tenn.1975) (“punitive damages are ... awarded in cases involving fraud”); Telephone and Telegraph Co. v. Shaw, 102 Tenn. 313, 318 , 52 S.W. 163 (1889) (“where fraud ... intervenes, the law blends the interests of society and of the aggrieved individual and gives damages such as will operate as an example or warning to the parties or others to deter”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
1 sentence2021Strickland, 466 U.S. at 689 . | 1 | 2021–2021 |
Baxter v. Rose
green
1 sentence2012An earlier example is the standard of attorney competence announced in Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975), held to require retroactive application by the Tennessee Supreme Court because “the impairment of the fact-finding function of the trial is substantial if the defendant is denied -11- the benefit of counsel whose representation is reasonably competent under the Baxter rule[.]” Hellard, 629 S.W.2d at 6 . | 1 | 2012–2012 |
Hellard v. State
green
2 sentences2012An earlier example is the standard of attorney competence announced in Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975), held to require retroactive application by the Tennessee Supreme Court because “the impairment of the fact-finding function of the trial is substantial if the defendant is denied -11- the benefit of counsel whose representation is reasonably competent under the Baxter rule[.]” Hellard, 629 S.W.2d at 6 . 2012Significantly, the Hellard court also noted that “retroactive application of the Baxter rule has not and is not likely to result in the wholesale unsettling of final judgments of conviction.” Id. | 1 | 2012–2012 |
State v. Ely
green
2 sentences2001In the case of State v. Ely & Bowers, supra.; the supreme court referred to Williams as an example of when an error in failing to instruct on lesser-included offenses is harmless beyond a reasonable doubt. 48 S.W.3d at 727 . 2001In the case of State v. Ely & Bowers, supra.; the supreme court referred to Williams as an example of when an error in failing to instruct on lesser-included offenses is harmless beyond a reasonable doubt. 48 S.W.3d at 727 . | 1 | 2001–2001 |
Pratt v. Duck
green
2 sentences1985(Citation omitted.)" 191 S.W.2d at 564-5 . 1985(Citation omitted.)” 191 S.W.2d at 564-5 . | 1 | 1985–1985 |
Book Agents of the Methodist Episcopal Church, South v. State Board of Equalization
green
1 sentence1976A recent example of this principle is found in the case of Book Agents of the Methodist Episcopal Church, South, v. State Board of Equalization, 513 S.W.2d 514 (Tenn.1974). | 1 | 1976–1976 |
East Tennessee Brewing Co. v. Currier
neutral
2 sentences1958Where fraud, malice, gross negligence or oppression intervenes, the law blends the interest of society and of the aggrieved individual, and gives damages such as will operate as an example or warning to the party or others to deter them from similar transactions * * *." Finally, we call attention to the fact that the two cases cited in Fiedler v. Potter, supra, i.e., Sartain v. Dixie Coal & Iron Co. ( 150 Tenn. 633 , 266 S.W. 313 ) and East Tennessee Brewing Co. v. Currier ( 126 Tenn. 535 , 150 S.W. 541 ), are both cases like the Fiedler case where the complainants came into court with unclean 1958Where fraud, malice, gross negligence or oppression intervenes, the law blends the interest of society and of the aggrieved individual, and gives damages such as will operate as an example or warning to the party or others to deter them from similar transactions * * Finally, we call attention to the fact that the two cases cited in Fiedler v. Potter, supra, i. e., Sartain v. Dixie Coal & Iron Co. ( 150 Tenn. 633 , 266 S.W. 313 ) and East Tennessee Brewing Co. v. Currier ( 126 Tenn. 535 , 150 S.W. 541 ), are both cases like the Fiedler case where the complainants came into court with unclean ha | 1 | 1958–1958 |
Sartain v. Dixie Coal & Iron Co.
green
2 sentences1958Where fraud, malice, gross negligence or oppression intervenes, the law blends the interest of society and of the aggrieved individual, and gives damages such as will operate as an example or warning to the party or others to deter them from similar transactions * * *." Finally, we call attention to the fact that the two cases cited in Fiedler v. Potter, supra, i.e., Sartain v. Dixie Coal & Iron Co. ( 150 Tenn. 633 , 266 S.W. 313 ) and East Tennessee Brewing Co. v. Currier ( 126 Tenn. 535 , 150 S.W. 541 ), are both cases like the Fiedler case where the complainants came into court with unclean 1958Where fraud, malice, gross negligence or oppression intervenes, the law blends the interest of society and of the aggrieved individual, and gives damages such as will operate as an example or warning to the party or others to deter them from similar transactions * * Finally, we call attention to the fact that the two cases cited in Fiedler v. Potter, supra, i. e., Sartain v. Dixie Coal & Iron Co. ( 150 Tenn. 633 , 266 S.W. 313 ) and East Tennessee Brewing Co. v. Currier ( 126 Tenn. 535 , 150 S.W. 541 ), are both cases like the Fiedler case where the complainants came into court with unclean ha | 1 | 1958–1958 |
Louisville, Nashville & Great Southern Railroad v. Guinan
green
1 sentence1945Louisville, Nashville & Great Southern Railroad Co. v. Guipan, 79 Tenn. 98 ; 15 Am. | 1 | 1945–1945 |
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.