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7 Tennessee opinions name it 1 courts 1970–2024 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.
| Case | Followed | Cited |
|---|---|---|
State of Tennessee v. Adrian R. Browngreen2 sentences2024Rule 36.1 provides “a mechanism for the defendant or the State to seek to correct an illegal sentence.” State v. Brown, 479 S.W.3d 200, 208-09 (Tenn. 2015). 2016See Brown, 479 S.W.3d at 211 . | 2 | 2 |
State of Tennessee v. Burita A. Winebargergreen1 sentence2017See State v. Winebarger, 70 S.W.3d 99, 102 (Tenn. Crim. | 1 | 1 |
McLaney v. Bellgreen1 sentence2002We first note that a writ of habeas corpus “‘will issue only when it appears upon the face of the judgment or the record of the proceedings upon which the judgment is rendered that [the] court lacked jurisdiction or authority to sentence a defendant or that the sentence has expired.’” McLaney v. Bell, 59 S.W.3d 90, 93 (Tenn. 2001) (quoting Stephenson v. Carlton, 28 S.W.3d 910, 911 (Tenn. 2000)). | 1 | 1 |
Stephenson v. Carltongreen1 sentence2002We first note that a writ of habeas corpus “‘will issue only when it appears upon the face of the judgment or the record of the proceedings upon which the judgment is rendered that [the] court lacked jurisdiction or authority to sentence a defendant or that the sentence has expired.’” McLaney v. Bell, 59 S.W.3d 90, 93 (Tenn. 2001) (quoting Stephenson v. Carlton, 28 S.W.3d 910, 911 (Tenn. 2000)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hicks v. State
green
1 sentence2016Hicks v. State 945 SW2d 706 .”2 The Petitioner filed a Petition for Writ of Habeas Corpus in which he claimed that he was “restrained of his liberty by virtue of a void judgment which is facially invalid because the court lacked jurisdiction to render the judgment because Petitioner‟s sentence was imposed in direct contravention to T.C.A. § 39-17-417(a)(3) [and] (c)(2)(A).”3 The State filed a motion to summarily dismiss the petition, and the habeas corpus court granted the motion without a hearing. 1 The indicted offense is actually a Class B felony. | 1 | 2016–2016 |
State v. Dykes
red
1 sentence1997“The failure to file a . . . properly drafted affidavit, standing alone, will justify the denial of the motion without a hearing.” Dykes, 803 S.W.2d at 257 . | 1 | 1997–1997 |
Shotwell Manufacturing Co. v. United States
green
2 sentences1970Shotwell Manufacturing Company v. United States, 1963, 371 U.S. 341 , 83 S.Ct. 448 , 9 L.Ed.2d 357 . 1970Shotwell Manufacturing Company v. United States, 1963, 371 U.S. 341 , 83 S.Ct. 448 , 9 L.Ed.2d 357 . | 1 | 1970–1970 |
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.