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

7 Tennessee opinions name it 2 courts 1997–2017 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 v. Ruanegreen
tenncrimapp · 1995 · cited in 3 Tennessee opinions naming this issue, 1997–2010
2 sentences

2010State v. Ruane, 912 S.W.2d 766, 785 (Tenn. Crim.

1998See State v. Ruane, 912 S.W.2d 766, 785 (Tenn. Crim.

33
Howard v. Havengreen
tenn · 1955 · cited in 1 Tennessee opinions naming this issue, 2017–2017
2 sentences

2017In Howard v. Haven, 281 S.W.2d 480, 486 (Tenn. 1955), the Tennessee Supreme Court recognized that the statutory action for procurement of breach of contract contains “no provision in the law authorizing any mitigation of the penalty imposed upon the wrongdoer.” In fact, the court said that a mitigation requirement “would be contradictory of the manifest purpose of the statute.” Id. “[I]t is a strange paradox that the defendant who has, in wilful violation of law, deprived the complainant of the fruits of his contract, should now claim the right to be exonerated at the hands of the very person

2017In Howard v. Haven, 281 S.W.2d 480, 486 (Tenn. 1955), the Tennessee Supreme Court recognized that the statutory action for procurement of breach of contract contains “no provision in the law authorizing any mitigation of the penalty imposed upon the wrongdoer.” In fact, the court said that a mitigation requirement “would be contradictory of the manifest purpose of the statute.” Id. “[I]t is a strange paradox that the defendant who has, in wilful violation of law, deprived the complainant of the fruits of his contract, should now claim the right to be exonerated at the hands of the very person

11
California v. Browngreen
scotus · 1987 · cited in 1 Tennessee opinions naming this issue, 2005–2005
2 sentences

2005In the context of capital cases, a defendant's background, character, and mental condition are unquestionably significant. “[E]vidence about the defendant's background and character is relevant because of the belief . . . that defendants who commit criminal acts that are attributable to a disadvantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse.” California v. Brown, 479 U.S. 538, 545 , 107 S. Ct. 837, 841 (1987); Zagorski v. State, 983 S.W.2d 654, 657-58 (Tenn. 1998).

2005In the context of capital cases, a defendant's background, character, and mental condition are unquestionably significant. “[E]vidence about the defendant's background and character is relevant because of the belief . . . that defendants who commit criminal acts that are attributable to a disadvantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse.” California v. Brown, 479 U.S. 538, 545 , 107 S. Ct. 837, 841 (1987); Zagorski v. State, 983 S.W.2d 654, 657-58 (Tenn. 1998).

11
Zagorski v. Stategreen
tenn · 1998 · cited in 1 Tennessee opinions naming this issue, 2005–2005
1 sentence

2005In the context of capital cases, a defendant's background, character, and mental condition are unquestionably significant. “[E]vidence about the defendant's background and character is relevant because of the belief . . . that defendants who commit criminal acts that are attributable to a disadvantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse.” California v. Brown, 479 U.S. 538, 545 , 107 S. Ct. 837, 841 (1987); Zagorski v. State, 983 S.W.2d 654, 657-58 (Tenn. 1998).

11
State v. Boggsgreen
tenncrimapp · 1996 · cited in 1 Tennessee opinions naming this issue, 1998–1998
1 sentence

1998State v. Boggs, 932 S.W.2d 467, 475 (Tenn. Crim.

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 (2)

CaseCitedYears
Patricia Thomas v. Capital Security Services, Inc. green
ca5 · 1988
1 sentence

2009Id. at 292 (quoting Thomas, 836 F.2d at 889 n.19).

12009–2009
Oliveri v. Thompson green
ca2 · 1986
1 sentence

2009Id. at 292 (quoting Thomas, 836 F.2d at 889 n.19).

12009–2009

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-114 (3) TN § Tenn. Code Ann. § 40-35-210 (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

OH 107 (1977–2025) TX 94 (1988–2026) IN 43 (1996–2025) IL 34 (1969–2025) CA 28 (1973–2024) NJ 19 (1965–2014) AZ 18 (1972–2019) DC 18 (1985–2024) MI 12 (1974–2025) PA 10 (1990–2017) WV 10 (1991–2021) FL 10 (1977–2025) WA 9 (1980–2025) NY 9 (1897–2018) MD 8 (1983–2026) MO 8 (1978–2019) CT 8 (1993–2026) TN 7 (1997–2017) IA 7 (1991–2016) VA 6 (2013–2024) AL 6 (1994–2024) OR 6 (1965–2021) DE 4 (1988–2022) WI 4 (1978–2020) NV 3 (2005–2015) ND 3 (2019–2019) LA 3 (1999–2014) OK 3 (1976–2020) GA 3 (2007–2019) NH 3 (1995–2004) MS 3 (1992–2022) UT 3 (1989–2016) VT 3 (2016–2021) NE 3 (2017–2024) CO 2 (2007–2012) KY 2 (2022–2024) MN 2 (1950–2010) ID 2 (1980–1991) SC 2 (2017–2025) NC 2 (1904–1976) KS 2 (1995–1996) ME 2 (2005–2010)

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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