fair trial violation (Tennessee) · Go Syfert
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fair trial violation in Tennessee

8 Tennessee opinions name it 2 courts 1998–2015 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 (6)

CaseFollowedCited
State v. Garrisongreen
tenn · 2000 · cited in 2 Tennessee opinions naming this issue, 2012–2015
2 sentences

2015In State v. Garrison, 40 S.W.3d 426, 431 (Tenn. 2000), our supreme court explained that to establish prejudice, a petitioner must ordinarily “show that counsel’s errors were so serious as to deprive the petitioner of a fair trial”; however, “[i]n cases where counsel did not convey a plea bargain offer to a defendant, . . . the fair trial standard . . . is not applicable.” Instead, “the petitioner must show that there is a reasonable probability that he or she would have accepted the plea had it been properly communicated to him or her.” Id.

2015In State v. Garrison, 40 S.W.3d 426, 431 (Tenn. 2000), our supreme court explained that to establish prejudice, a petitioner must ordinarily “show that counsel’s errors were so serious as to deprive the petitioner of a fair trial”; however, “[i]n cases where counsel did not convey a plea bargain offer to a defendant, . . . the fair trial standard . . . is not applicable.” Instead, “the petitioner must show that there is a reasonable probability that he or she would have accepted the plea had it been properly communicated to him or her.” Id.

12
Willocks v. Stategreen
tenncrimapp · 1976 · cited in 2 Tennessee opinions naming this issue, 2003–2011
2 sentences

2011Due process guarantees every criminal defendant a fair trial and the presumption of innocence, including the right to the “‘physical indicia of innocence.’” Willocks v. State, 546 S.W.2d 819, 820 (Tenn. Crim.

2003Willocks v. State, 546 S.W.2d 819 (Tenn. Crim.

12
James Edward Kennedy v. Harold J. Cardwell, Wardengreen
ca6 · 1973 · cited in 1 Tennessee opinions naming this issue, 2011–2011
1 sentence

2011App. 1976) (quoting Kennedy v. Cardwell, 487 F.2d 101, 104 (6th Cir. 1973)).

11
State v. Fergusongreen
tenn · 1999 · cited in 1 Tennessee opinions naming this issue, 2002–2002
1 sentence

2002In the case of State v. Ferguson, 2 S.W.3d 912, 916 (Tenn. 1999), our state supreme court adopted a test for courts to use in determining whether the loss or destruction of evidence deprived a defendant of a fair trial.

11
State v. Burtongreen
tenncrimapp · 1988 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000State v. Burton, 751 S.W.2d 440, 447 (Tenn. Crim.

11
Chapman v. Californiared
scotus · 1967 · cited in 1 Tennessee opinions naming this issue, 1998–1998
2 sentences

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

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 (4)

CaseCitedYears
Holbrook v. Flynn green
scotus · 1986
2 sentences

2000Excessive Courtroom Security The defendants contend the security measures and number of officers present in the courtroom and courthouse during the trial were excessive and prejudiced their right to a fair trial in violation of Holbrook v. Flynn, 475 U.S. 560 , 106 S.Ct. 1340 , 89 L.Ed.2d 525 (1986).

2000Excessive Courtroom Security The defendants contend the security measures and number of officers present in the courtroom and courthouse during the trial were excessive and prejudiced their right to a fair trial in violation of Holbrook v. Flynn, 475 U.S. 560 , 106 S.Ct. 1340 , 89 L.Ed.2d 525 (1986).

12000–2000
Tumey v. Ohio green
scotus · 1927
2 sentences

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

11998–1998
Gideon v. Wainwright green
scotus · 1963
2 sentences

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

1998Id. at 23 , 87 S.Ct. at 827 , 17 L.Ed.2d at 710 (citing, e.g., Gideon v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed.2d 799 (1963)(right to counsel); Turney v. Ohio, 273 U.S. 510 , 47 S.Ct. 437 , 71 L.Ed. 749 (1927)(right to impartial judge)).

11998–1998
Rose v. Clark green
scotus · 1986
2 sentences

1998Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101, 3106-07 , 92 L.Ed.2d 460 (1986).

1998Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101, 3106-07 , 92 L.Ed.2d 460 (1986).

11998–1998

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-401 (4) TN § Tenn. Code Ann. § 40-35-114 (4) TN § Tenn. Code Ann. § 40-35-401 (4) TN § Tenn. Code Ann. § 39-11-106 (3) TN § Tenn. Code Ann. § 39-13-202 (3) TN § Tenn. Code Ann. § 40-35-113 (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

IL 79 (1970–2026) CA 51 (1958–2025) FL 44 (1963–2025) OH 38 (1977–2026) CT 37 (1982–2026) NY 34 (1901–2025) TX 32 (1971–2025) MO 19 (1953–2025) KS 14 (1974–2026) ID 13 (1990–2024) LA 13 (1983–2019) MI 12 (1979–2025) OK 9 (1975–2022) PA 9 (1975–2024) MT 8 (1989–2021) AR 8 (1990–2015) MD 8 (1977–2013) TN 8 (1998–2015) WA 8 (1952–2018) IA 7 (1923–2023) MS 6 (1977–2023) GA 5 (1975–2022) OR 5 (2010–2025) HI 5 (1982–2018) MN 4 (1937–2001) AL 4 (1982–2012) IN 4 (2001–2018) CO 4 (1974–2024) WI 3 (1979–2022) ND 3 (1988–2024) NJ 3 (1985–2021) UT 3 (1982–2018) KY 3 (1968–2026) NH 2 (1987–2004) WV 2 (1992–2005) DC 2 (1977–2024) AZ 2 (2014–2017) RI 2 (1989–1991) VA 2 (1999–2015)

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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