granting of an evidentiary hearing (Tennessee) · Go Syfert
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granting of an evidentiary hearing in Tennessee

8 Tennessee opinions name it 1 courts 1988–2024 2 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 (2)

CaseFollowedCited
State v. Toddgreen
tenncrimapp · 1981 · cited in 4 Tennessee opinions naming this issue, 1988–2021
2 sentences

2021“Affidavits which fail to meet these criteria will not justify the granting of an evidentiary hearing since the information contained in the affidavits, taken as true, would not entitle the petitioner to relief.” Id. (citing State v. Todd, 631 S.W.2d 464, 466-67 (Tenn. Crim.

2016An affidavit that fails to meet these requirements “will not justify the granting of an evidentiary hearing since the information contained in the affidavits, taken as true, would not entitle the petitioner to relief.” Id. (citing State v. -17- Todd, 631 S.W.2d 464, 466-67 (Tenn. Crim.

34
State v. Byerleygreen
tenncrimapp · 1983 · cited in 2 Tennessee opinions naming this issue, 1988–2016
2 sentences

2016An affidavit that fails to meet these requirements “will not justify the granting of an evidentiary hearing since the information contained in the affidavits, taken as true, would not entitle the petitioner to relief.” Id. (citing State v. -17- Todd, 631 S.W.2d 464, 466-67 (Tenn. Crim.

1988See State v. Byerley, supra; State v. Todd, supra. However, if the affidavits are sufficient, and justify an evidentiary hearing, the trial court should not determine the merits of the petition on the strength of the affidavits alone.

12

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 (3)

CaseCitedYears
State v. Hart green
tenncrimapp · 1995
2 sentences

2024“Affidavits which fail to meet these criteria will not justify the granting of an evidentiary hearing since the information contained in the affidavits, taken as true, would not entitle the petitioner to relief.” Id.

2021“Affidavits which fail to meet these criteria will not justify the granting of an evidentiary hearing since the information contained in the affidavits, taken as true, would not entitle the petitioner to relief.” Id. (citing State v. Todd, 631 S.W.2d 464, 466-67 (Tenn. Crim.

41998–2024
Tommy Nunley v. State of Tennessee green
· 2018
1 sentence

2021App. 1981)). “[C]oram nobis petitions with inadequate allegations are susceptible to summary dismissal on the face of the petition, without discovery or an evidentiary hearing.” Nunley, 552 S.W.3d at 831 .

12021–2021
Teague v. State green
tenncrimapp · 1988
1 sentence

2011Id.

12011–2011

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-26-105 (8) TN § Tenn. Code Ann. § 27-7-103 (5)

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

TN 8 (1988–2024) MS 4 (2010–2018) CA 3 (2020–2023) IL 3 (2010–2022) ND 2 (2009–2009)

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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