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7 Tennessee opinions name it 2 courts 1998–2004 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. Brownred2 sentences2004In ruling on a similar request for a jury instruction on the presumption of second degree murder, this court has previously stated, [W]e acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn. 1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of this presumption is that “[t]he state bears the burden of proof on the issue of premeditation . . . sufficient to elevate the offense to first-degree murder.” Id.; see also State v. Hall, 8 S.W.3d 5 2004In ruling on a similar request for a jury instruction on the presumption of second degree murder, this court has previously stated: [W]e acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn.1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of this presumption is that “[t]he state bears the burden of proof on the issue of premeditation ... sufficient to elevate the offense to first-degree murder.” Therefore, when a trial court’s charge omi | 5 | 5 |
State v. Hallgreen2 sentences2004In ruling on a similar request for a jury instruction on the presumption of second degree murder, this court has previously stated, [W]e acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn. 1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of this presumption is that “[t]he state bears the burden of proof on the issue of premeditation . . . sufficient to elevate the offense to first-degree murder.” Id.; see also State v. Hall, 8 S.W.3d 5 2001With respect to his requested instruction on the presumption of second degree murder, the appellant argues on appeal that “[t]he [trial court’s] charge, as a whole, serves to confuse and not fully inform the jury as to the presumption the defendant is entitled to by law and the State’s burden regarding the same.” In this regard, we acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn.1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of th | 3 | 3 |
State v. Schafergreen2 sentences2004In ruling on a similar request for a jury instruction on the presumption of second degree murder, this court has previously stated, [W]e acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn. 1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of this presumption is that “[t]he state bears the burden of proof on the issue of premeditation . . . sufficient to elevate the offense to first-degree murder.” Id.; see also State v. Hall, 8 S.W.3d 5 2001With respect to his requested instruction on the presumption of second degree murder, the appellant argues on appeal that “[t]he [trial court’s] charge, as a whole, serves to confuse and not fully inform the jury as to the presumption the defendant is entitled to by law and the State’s burden regarding the same.” In this regard, we acknowledge our supreme court’s observation in State v. Brown, 836 S.W.2d 530, 543 (Tenn.1992), that “[t]he law in Tennessee has long recognized that once [a] homicide has been established, it is presumed to be murder in the second degree.” However, the import of th | 3 | 3 |
State v. Coultergreen2 sentences2004State v. Coulter, 67 S.W.3d 3, 68 (Tenn.Crim.App.2001) (citations omitted). 2004State v. Coulter, 67 S.W.3d 3, 68 (Tenn.Crim.App.2001) (citations omitted). | 2 | 2 |
Tidwell v. Stategreen2 sentences2000See Tidwell v. State, 922 S.W.2d 497, 501 (Tenn. 1996). 1998See Tidwell v. State, 922 S.W.2d 497, 501 (Tenn. 1996). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
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.