life verdict violation (Tennessee) · Go Syfert
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life verdict violation in Tennessee

7 Tennessee opinions name it 2 courts 2004–2016 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 (5)

CaseFollowedCited
State of Tennessee v. Hubert Glenn Sextongreen
tenn · 2012 · cited in 2 Tennessee opinions naming this issue, 2014–2016
2 sentences

2016See, e.g., State v. Sexton, 368 S.W.3d 371, 428 (Tenn. 2012). (5) The jury was required to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 (1988), and McKoy v. North Carolina, 494 U.S. 433 (1990).

2014See, e.g., State v. Sexton, 368 S.W.3d 371, 427 (Tenn. 2012); State v. Kiser, 284 S.W.3d 227, 275-76 (Tenn. 2009). -124- 1 According to the Petitioner, his death sentence was imposed in an arbitrary and capricious manner because (1) uniform standards or procedures for jury selection did not exist to ensure open inquiry regarding potentially prejudicial subject matter; (2) the death qualification process skewed the make-up of the jury and resulted in a “guilt-prone” jury; (3) he was prohibited from addressing each juror’s misconceptions about matters relevant to sentencing; (4) he was prohibite

22
Mills v. Marylandgreen
scotus · 1988 · cited in 7 Tennessee opinions naming this issue, 2004–2016
2 sentences

2016See, e.g., State v. Sexton, 368 S.W.3d 371, 428 (Tenn. 2012). (5) The jury was required to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 (1988), and McKoy v. North Carolina, 494 U.S. 433 (1990).

2014See, e.g., State v. Sexton, 368 S.W.3d 371, 427 (Tenn. 2012); State v. Kiser, 284 S.W.3d 227, 275-76 (Tenn. 2009). -124- 1 According to the Petitioner, his death sentence was imposed in an arbitrary and capricious manner because (1) uniform standards or procedures for jury selection did not exist to ensure open inquiry regarding potentially prejudicial subject matter; (2) the death qualification process skewed the make-up of the jury and resulted in a “guilt-prone” jury; (3) he was prohibited from addressing each juror’s misconceptions about matters relevant to sentencing; (4) he was prohibite

17
McKoy v. North Carolinagreen
scotus · 1990 · cited in 6 Tennessee opinions naming this issue, 2005–2016
2 sentences

2016See, e.g., State v. Sexton, 368 S.W.3d 371, 428 (Tenn. 2012). (5) The jury was required to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 (1988), and McKoy v. North Carolina, 494 U.S. 433 (1990).

2014See, e.g., State v. Sexton, 368 S.W.3d 371, 427 (Tenn. 2012); State v. Kiser, 284 S.W.3d 227, 275-76 (Tenn. 2009). -124- 1 According to the Petitioner, his death sentence was imposed in an arbitrary and capricious manner because (1) uniform standards or procedures for jury selection did not exist to ensure open inquiry regarding potentially prejudicial subject matter; (2) the death qualification process skewed the make-up of the jury and resulted in a “guilt-prone” jury; (3) he was prohibited from addressing each juror’s misconceptions about matters relevant to sentencing; (4) he was prohibite

16
State v. Kisergreen
tenn · 2009 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., State v. Sexton, 368 S.W.3d 371, 427 (Tenn. 2012); State v. Kiser, 284 S.W.3d 227, 275-76 (Tenn. 2009). -124- 1 According to the Petitioner, his death sentence was imposed in an arbitrary and capricious manner because (1) uniform standards or procedures for jury selection did not exist to ensure open inquiry regarding potentially prejudicial subject matter; (2) the death qualification process skewed the make-up of the jury and resulted in a “guilt-prone” jury; (3) he was prohibited from addressing each juror’s misconceptions about matters relevant to sentencing; (4) he was prohibite

11
State v. McKinneygreen
tenn · 2002 · cited in 1 Tennessee opinions naming this issue, 2004–2004
1 sentence

2004The petitioner’s complaints that Tennessee’s death penalty instructions (1) fail to advise jurors about the sentencing effect of a non-unanimous verdict, (2) require jurors to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), and (3) fail to inform the jurors that the ultimate determination is whether death is the appropriate penalty were rejected in State v. McKinney, 74 S.W.3d 291, 319 (Tenn.2002) (Appendix), Terry, 46 S.W.3d at 170 , Brimmer, 876 S.W.2d at 87 , and Cazes, 875 S.W.2d at 268 .

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 (4)

CaseCitedYears
State v. Cazes green
tenn · 1994
2 sentences

2004The petitioner’s complaints that Tennessee’s death penalty instructions (1) fail to advise jurors about the sentencing effect of a non-unanimous verdict, (2) require jurors to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), and (3) fail to inform the jurors that the ultimate determination is whether death is the appropriate penalty were rejected in State v. McKinney, 74 S.W.3d 291, 319 (Tenn.2002) (Appendix), Terry, 46 S.W.3d at 170 , Brimmer, 876 S.W.2d at 87 , and Cazes, 875 S.W.2d at 268 .

2004The petitioner’s insistence that fairness should require that the defense have the final argument in the penalty phase of the trial was rejected in Brimmer, 876 S.W.2d at 87 , Cazes, 875 S.W.2d at 269 , Smith, 857 S.W.2d at 24, and Caughron, 855 S.W.2d at 542 .

12004–2004
State v. Brimmer green
tenn · 1994
2 sentences

2004The petitioner’s complaints that Tennessee’s death penalty instructions (1) fail to advise jurors about the sentencing effect of a non-unanimous verdict, (2) require jurors to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), and (3) fail to inform the jurors that the ultimate determination is whether death is the appropriate penalty were rejected in State v. McKinney, 74 S.W.3d 291, 319 (Tenn.2002) (Appendix), Terry, 46 S.W.3d at 170 , Brimmer, 876 S.W.2d at 87 , and Cazes, 875 S.W.2d at 268 .

2004The petitioner’s insistence that fairness should require that the defense have the final argument in the penalty phase of the trial was rejected in Brimmer, 876 S.W.2d at 87 , Cazes, 875 S.W.2d at 269 , Smith, 857 S.W.2d at 24, and Caughron, 855 S.W.2d at 542 .

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

2004The petitioner’s insistence that fairness should require that the defense have the final argument in the penalty phase of the trial was rejected in Brimmer, 876 S.W.2d at 87 , Cazes, 875 S.W.2d at 269 , Smith, 857 S.W.2d at 24, and Caughron, 855 S.W.2d at 542 .

12004–2004
Terry v. State green
tenn · 2001
1 sentence

2004The petitioner’s complaints that Tennessee’s death penalty instructions (1) fail to advise jurors about the sentencing effect of a non-unanimous verdict, (2) require jurors to agree unanimously to a life verdict in violation of Mills v. Maryland, 486 U.S. 367 , 108 S.Ct. 1860 , 100 L.Ed.2d 384 (1988), and (3) fail to inform the jurors that the ultimate determination is whether death is the appropriate penalty were rejected in State v. McKinney, 74 S.W.3d 291, 319 (Tenn.2002) (Appendix), Terry, 46 S.W.3d at 170 , Brimmer, 876 S.W.2d at 87 , and Cazes, 875 S.W.2d at 268 .

12004–2004

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-13-204 (7) TN § Tenn. Code Ann. § 39-13-206 (5) TN § Tenn. Code Ann. § 40-30-106 (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.

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