automatic waiver (Tennessee) · Go Syfert
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automatic waiver in Tennessee

7 Tennessee opinions name it 2 courts 2003–2024 1 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 (3)

CaseFollowedCited
De Rossett v. Malonegreen
tennctapp · 1950 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024DeRossett v. Malone, 239 S.W.2d 366, 376-77 (Tenn. Ct. App. 1950).

11
Hearn v. Rhaygreen
waed · 1975 · cited in 1 Tennessee opinions naming this issue, 2014–2014
2 sentences

2014Id. at 686 .

2014Id. at 686.

11
State v. Bennettgreen
tenncrimapp · 1990 · cited in 1 Tennessee opinions naming this issue, 2012–2012
1 sentence

2012In State v. Bennett, this Court has analyzed whether a deprivation of a constitutional right was related to the participation of a private prosecutor, describing four circumstances when the involvement of a private prosecutor could cause a constitutional violation: (1) when the private prosecutor engages in prosecutorial misconduct; (2) if the private prosecutor represents the victim or the family of the victim in a civil case arising out of the same criminal action(s); (3) it is a contempt proceeding arising out of a civil prosecution; and (4) the district attorney general does not maintain c

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
Richmond v. Christian green
tenn · 1977
1 sentence

2017Additionally, one well-known and widely recognized example of proof of fairness in the transaction that courts may also consider is “[p]roof that the donor received independent advice respecting the consequence and advisability of the gift.” Richmond, 555 S.W.2d at 10708.

12017–2017
State v. Maestas green
utah · 2002
1 sentence

2015Ultimately, the court determined that it was ―fundamentally unfair to burden the right to plead for leniency at allocution with an automatic waiver of the right, on retrial, to require the state to prove guilt without the use of the contents of those pleadings.‖ Id. (footnote omitted).

12015–2015
Harvey v. State green
wyo · 1992
1 sentence

2015In response, the State points us to State v. Harvey, 835 P.2d 1074 (Wyo. 1992).

12015–2015
Wilson v. Wilson green
tenn · 1998
1 sentence

2012Further, as stated in Wilson, the Tennessee Supreme Court has found “no ethical standard which mandates adoption of an automatic rule of disqualification.” Id. at 904 .

12012–2012
Perez v. McConkey green
tenn · 1994
1 sentence

2003Id. *225 V.

12003–2003
State v. Dixon red
tenn · 1997
1 sentence

2003Dixon, 957 S.W.2d at 534 .

12003–2003

Where else courts name it

CA 42 (1953–2021) NY 35 (1976–2025) LA 35 (1957–2024) PA 32 (1971–2026) TX 32 (1978–2026) MI 31 (1974–2024) MS 25 (1986–2024) FL 21 (1986–2024) IL 21 (1973–2024) WA 16 (1943–2024) OH 16 (1990–2025) MA 13 (1976–2025) GA 12 (1977–2022) MD 12 (1992–2025) KY 12 (1978–2026) CT 11 (1980–2024) AL 11 (1959–2024) NJ 11 (1974–2016) AZ 10 (1990–2023) NM 10 (1983–2023) IA 9 (1992–2022) ID 9 (1997–2022) UT 9 (1986–2025) TN 7 (2003–2024) NC 7 (1959–2026) NH 7 (1992–2015) DC 7 (1947–2020) WV 6 (1980–2021) IN 6 (1982–2018) MO 5 (1976–2020) CO 5 (1976–2022) VA 5 (1991–2014) VT 4 (1997–2024) SC 3 (1988–2004) RI 3 (2000–2018) WY 3 (2003–2023) DE 3 (2002–2025) SD 2 (2000–2010) MN 2 (1968–2016) OK 2 (1981–1987) AK 2 (2023–2023) WI 2 (1980–2009) OR 2 (1982–1982)

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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