witness at another hearing (Tennessee) · Go Syfert
← Tennessee issues

witness at another hearing in Tennessee

8 Tennessee opinions name it 2 courts 1993–2020 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 (2)

CaseFollowedCited
United States v. Salernogreen
scotus · 1992 · cited in 1 Tennessee opinions naming this issue, 2020–2020
1 sentence

2020Tennessee Rule of Evidence 804(b)(1) provides that “[t]estimony given as a witness at another hearing of the same or a different proceeding” is not excluded by the hearsay rule “if the declarant is unavailable” and “if the party against whom the testimony is now offered had both an opportunity and a similar motive to develop the testimony by direct, cross, or redirect examination.” “Former testimony may not be introduced under [Federal Rule of Evidence] Rule 804(b)(1) without a showing of “similar motive.” United States v. Salerno, 505 U.S. 317, 317 (1992).

11
State v. Causbygreen
tenn · 1986 · cited in 1 Tennessee opinions naming this issue, 1993–1993
2 sentences

1993Fed.R.Evid. 804(b)(1) (adopted by this Court as a statement of the law in Tennessee in State v. Causby, 706 S.W.2d 628, 631 (Tenn. 1986)). [2] Whenever former testimony is at issue, the underlying question is "whether fairness allows imposing, upon the party against whom now offered, the handling of the witness on the earlier occasion." Fed. R.Evid. 804, advisory committee note, 28 U.S.C.A. at 446, subd. (b), except. (1).

1993Fed.R.Evid. 804(b)(1) (adopted by this Court as a statement of the law in Tennessee in State v. Causby, 706 S.W.2d 628, 631 (Tenn.1986)). 2 Whenever former testimony is at issue, the underlying question is “whether fairness allows imposing, upon the party against whom now offered, the handling of the witness on the earlier occasion.” Fed.R.Evid. 804, advisory committee note, 28 U.S.C.A. at 446, subd. (b), except. (1).

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 (6)

CaseCitedYears
State v. Franklin green
tenn · 2010
1 sentence

2014Id.

12014–2014
Hicks v. State green
tenncrimapp · 1972
1 sentence

2010Id.

12010–2010
Pointer v. Texas green
scotus · 1965
2 sentences

2006Pointer v. Texas, 380 U.S. 400, 403 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965). 11 .

2006Pointer v. Texas, 380 U.S. 400, 403 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965). 11 .

12006–2006
Coffee v. State green
tenn · 1948
1 sentence

2004Id.

12004–2004
State v. Howell green
tenn · 1993
1 sentence

2002The critical question in determining the admissibility of former testimony is “‘whether fairness allows imposing, upon the party against whom [it is] now offered, the handling of the witness on the earlier occasion.’” Howell, 868 S.W.2d at 250 .

12002–2002
State v. Dykes red
tenncrimapp · 1990
1 sentence

1997Id.

11997–1997

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-202 (3) TN § Tenn. Code Ann. § 39-13-204 (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

MI 28 (1982–2024) OH 10 (1984–2023) TN 8 (1993–2020) WI 7 (1981–2003) TX 7 (1992–2010) KY 6 (2002–2025) CT 5 (2004–2020) NM 5 (1983–2024) OR 3 (1983–2013) WY 3 (1982–1991) WA 3 (1989–2021) AR 3 (1993–2016) MA 2 (1980–2000) MS 2 (1995–2015) ND 2 (1999–1999) SD 2 (1984–1997) LA 2 (2009–2018) WV 2 (1995–1996) FL 2 (1982–2014)

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.

← Caselaw search · G Cite Topics · Brief Check