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8 Tennessee opinions name it 2 courts 2004–2019 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.
| Case | Followed | Cited |
|---|---|---|
Howard v. Stategreen2 sentences2005Burns likewise adopted the Howard test, explaining, “Part (a) of [the] test defines lesser-included offenses using a statutory elements approach consistent with Howard.” Burns, 6 S.W.3d at 464 -67 (citing Howard v. State, 578 S.W.2d 83, 85 (Tenn. 1979)). 2005Burns likewise adopted the Howard test, explaining, “Part (a) of [the] test defines lesser-included offenses using a statutory elements approach consistent with Howard.” Burns, 6 S.W.3d at 464 -67 (citing Howard v. State, 578 S.W.2d 83, 85 (Tenn. 1979)). | 2 | 2 |
Michelle RYE Et Al. v. WOMEN’S CARE CENTER OF MEMPHIS, MPLLC Et Al.green1 sentence2019Tenn. Code Ann. § 20-16-101 (2018); see also Rye v. Women’s Care Ctr. of Memphis, MPLLC, 477 S.W.3d 235, 264 (Tenn. 2015). | 1 | 1 |
State v. Rodriguezgreen1 sentence2013“Structural constitutional errors are errors that compromise the integrity of the judicial process itself.” State v. Rodriguez, 254 S.W.3d 361, 371 (Tenn. 2008) (citing State v. Garrison, 40 S.W.3d 426 , 433 n.9 (Tenn. 2000)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Dominy
green
2 sentences2018In Dominy, Justice Drowota said, “Trusty failed to recognize that the ‘passion’ language in the definition of voluntary manslaughter simply reflects a less culpable mental state than required for first or second degree murder.” Dominy, 6 S.W.3d at 477 n.9 (emphasis added). 2017In Dominy, Justice Drowota said, “Trusty failed to recognize that the ‘passion’ language in the definition of voluntary manslaughter simply reflects a less culpable mental state than required for first or second degree murder.” Dominy, 6 S.W.3d at 477 n.9 (emphasis added). | 2 | 2017–2018 |
Howard v. Cornerstone Medical Associates, P.C.
green
2 sentences2016Instead, the Court found his travel “was incidental at best, that his work boundaries were definable, and that his employment placed him at no greater risk than any other motorist on the highway.” Id. at 241 . 2016Instead, the Court found his travel “was incidental at best, that his work boundaries were definable, and that his employment placed him at no greater risk than any other motorist on the highway.” Id. at 241 . | 2 | 2016–2016 |
State v. Burns
green
2 sentences2005Burns likewise adopted the Howard test, explaining, “Part (a) of [the] test defines lesser-included offenses using a statutory elements approach consistent with Howard.” Burns, 6 S.W.3d at 464 -67 (citing Howard v. State, 578 S.W.2d 83, 85 (Tenn. 1979)). 2005Burns likewise adopted the Howard test, explaining, “Part (a) of [the] test defines lesser-included offenses using a statutory elements approach consistent with Howard.” Burns, 6 S.W.3d at 464 -67 (citing Howard v. State, 578 S.W.2d 83, 85 (Tenn. 1979)). | 2 | 2004–2005 |
State v. Trusty
red
2 sentences2005In finding no notice, Trusty concluded that “under the Howard test, aggravated assault is not a lesser included offense of first degree murder.” Id. at 312 . 2005In finding no notice, Trusty concluded that “under the Howard test, aggravated assault is not a lesser included offense of first degree murder.” Id. at 312 . | 2 | 2004–2005 |
State v. Garrison
green
1 sentence2013“Structural constitutional errors are errors that compromise the integrity of the judicial process itself.” State v. Rodriguez, 254 S.W.3d 361, 371 (Tenn. 2008) (citing State v. Garrison, 40 S.W.3d 426 , 433 n.9 (Tenn. 2000)). | 1 | 2013–2013 |
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.