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7 Tennessee opinions name it 3 courts 1927–2014 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 |
|---|---|---|
State v. Dixonred1 sentence2014Later, in State v. Dixon, 957 S.W.2d 532, 535 (Tenn.1997), our supreme court modified Anthony: In place of the Anthony “essentially incidental” analysis, we crafted an improved, two-part test in Dixon to determine whether a separate kidnapping conviction violates due process. | 1 | 1 |
State v. Phillipsgreen1 sentence2012See id. -14- to raise the claim on direct appeal, the petitioner has waived review of the issue. | 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. Anthony
red
2 sentences2014Expressing due process concerns, the court announced that the test of whether the kidnapping should be sustained was “whether the confinement, movement, or detention is essentially incidental to the accompanying felony . . . or whether it is significant enough, in and of itself, to warrant independent prosecution. . . .” Id. at 306 . 1997Expressing a concern for the constitutional guaranty of due process, the court announced that the test of whether the kidnapping should be sustained was “whether the confinement, movement, or detention is essentially incidental to the accompanying felony . . . or whether it is significant enough, in and of itself, to warrant independent prosecution . . . .” Anthony, 817 S.W.2d at 306 . | 2 | 1997–2014 |
State v. Coleman
green
1 sentence1997Again, in State v. Coleman, 865 S.W.2d 455 (Tenn. 1993), our supreme court held that the offense of aggravated kidnapping could not stand in view of convictions returned for aggravated robbery and aggravated rape, based upon the due process principles announced in Anthony. | 1 | 1997–1997 |
Pennsylvania v. Mimms
green
2 sentences1979Among the factors which go to determine the existence of reasonable suspicion, in vehicular stop cases, are the characteristics of the area, the driver’s behavior, the aspects *306 of the vehicle itself, an extraordinarily large number of passengers and their actions; “the officer is entitled to assess to the facts in light of his experience in detecting illegal entry and smuggling.” The Terry doctrine was substantially expanded in Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977). 1979Among the factors which go to determine the existence of reasonable suspicion, in vehicular stop cases, are the characteristics of the area, the driver’s behavior, the aspects *306 of the vehicle itself, an extraordinarily large number of passengers and their actions; “the officer is entitled to assess to the facts in light of his experience in detecting illegal entry and smuggling.” The Terry doctrine was substantially expanded in Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977). | 1 | 1979–1979 |
Ashby v. State
green
1 sentence1951In our case of Ashby v. State, 124 Tenn. 684 , at page 697, 139 S. W. 872 , 875, this Court announced the rule on the subject of establishing the corpus delicti in a criminal case. | 1 | 1951–1951 |
Broadwell Special Drainage District No. 1 v. Lawrence
neutral
1 sentence1928No. 1 v. Lawrence, 231 Ill., 86 ; Sheppardson v. Perkins, 58 N. H., 354; Belknap v. Trimble, 3 Page (N. Y.), 577; Smith v. Youmans, 96 Wis., 103 , 37 L. | 1 | 1928–1928 |
Smith v. Youmans
green
1 sentence1928No. 1 v. Lawrence, 231 Ill., 86 ; Sheppardson v. Perkins, 58 N. H., 354; Belknap v. Trimble, 3 Page (N. Y.), 577; Smith v. Youmans, 96 Wis., 103 , 37 L. | 1 | 1928–1928 |
Young v. South Tredegar Iron Co.
neutral
1 sentence1927Even had it been found that these cases, or any considerable number .of them, support the contention of complainant, we would not be disposed to follow them, in view of the clearly announced principle to the contrary found in the South Treadagar Iron Co. case ( 85 Tenn., 189 ) fortified, as it is, by the authority of the Supreme Court of the United States. . . .” We think it is well settled in this State, and definitely supported by the Supreme Court of the United States, that it is within the legislative power of the State 'to domesticate a corporation organized under the laws of another Stat | 1 | 1927–1927 |
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.