consider factors (Tennessee) · Go Syfert
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consider factors in Tennessee

7 Tennessee opinions name it 3 courts 1984–2015 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 (3)

CaseFollowedCited
State v. Utleygreen
tenn · 1997 · cited in 3 Tennessee opinions naming this issue, 2000–2004
2 sentences

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

23
Doggett v. United Statesgreen
scotus · 1992 · cited in 2 Tennessee opinions naming this issue, 2003–2004
2 sentences

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

22
State v. Vickersgreen
tenncrimapp · 1997 · cited in 2 Tennessee opinions naming this issue, 2003–2004
2 sentences

2004However, it is not necessary for a court to consider these factors unless there has been "some delay which is presumptively prejudicial." Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Doggett, *569 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . "[S]uch a delay must approach one year to trigger" an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although "the line of demarcation depends on the nature of the case," Utley, 956 S.W.2d at 494 .

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

22

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 (4)

CaseCitedYears
Barker v. Wingo green
scotus · 1972
2 sentences

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

2004However, it is not necessary for a court to consider these factors unless there has been “some delay which is presumptively prejudicial.” Barker, 407 U.S. at 530 , 92 S.Ct. 2182 ; see also Dog gett, 505 U.S. at 651 -52 n. 1, 112 S.Ct. 2686 . “[S]uch a delay must approach one year to trigger” an analysis of the remaining factors, Utley, 956 S.W.2d at 494 ; see also Vickers, 985 S.W.2d at 5 , although “the line of demarcation depends on the nature of the case,” Utley, 956 S.W.2d at 494 .

42000–2004
Rent-A-Center, West, Inc. v. Jackson green
scotus · 2010
2 sentences

2015Id. “[B]ut if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator.” Id. at 63 .

2015Id. “[B]ut if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator.” Id. at 63 .

12015–2015
State v. MacLin red
tenn · 2006
1 sentence

2012Deciding whether or not the tape at issue constitutes testimonial evidence requires this court to consider factors such as “whether contact was initiated by the declarant or law enforcement officers,” “whether the statement was given in response to questioning,” “the declarant’s purpose in making the statements,” and “whether an objective declarant under the circumstances would believe that the statements would be used at trial.” Maclin, 183 S.W.3d at 349 .

12012–2012
State v. Givhan green
tenncrimapp · 1981
1 sentence

1984State v. Givhan, 616 S.W.2d 612 (Tenn.Cr.App.1980).

11984–1984

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-14-101 (4) TN § Tenn. Code Ann. § 39-13-202 (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

CT 99 (1970–2025) PA 61 (1995–2026) OH 40 (1960–2026) IL 34 (1976–2026) AR 28 (1997–2023) TX 25 (1949–2024) CA 24 (1993–2025) AL 19 (1978–2023) MS 18 (1994–2026) OR 17 (1919–2026) MO 15 (1906–2022) MN 13 (1985–2024) NY 11 (1958–2026) ID 10 (2004–2025) MI 9 (1988–2024) FL 9 (1986–2014) NM 8 (2000–2025) WI 7 (1987–2025) TN 7 (1984–2015) GA 7 (1976–2025) LA 6 (1984–2009) MT 6 (1991–1999) WV 6 (1989–2021) IA 6 (1992–2025) IN 5 (1988–2019) WA 5 (2014–2019) NJ 5 (1988–2026) AZ 5 (1975–2021) ME 5 (1996–2017) DC 4 (1978–2015) DE 4 (1946–2017) KS 4 (1890–2026) MD 4 (1983–2016) NH 3 (2004–2019) VA 3 (2003–2026) UT 3 (2016–2025) NC 3 (2012–2019) CO 3 (1983–2002) VT 3 (2008–2021) RI 2 (2004–2004) NV 2 (1971–1977) AK 2 (1975–2007) OK 2 (1927–1932) ND 2 (1998–2024)

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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