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7 Tennessee opinions name it 2 courts 1997–2016 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.
| Case | Followed | Cited |
|---|---|---|
State of Tennessee v. Corinio Pruittgreen2 sentences2016See, e.g., Sexton, 368 S.W.3d at 428 . 8.Proportionality Review The defendant contends “that the proportionality review process in this [sjtate is deficient and unconstitutionally inadequate.” The proportionality review process has been developed and approved by our supreme court, see Pruitt, 415 S.W.3d at 212-17 (providing a discussion of the development of the comparative proportionality review process and specifically approving the constitutionality of the current process), and, as such, this court is without the authority to alter it, see Barger, 535 S.W.2d at 340 . 9.Grand Jury Review The 2015Proportionality Review The defendant contends “that the proportionality review process in this [s]tate is deficient and unconstitutionally inadequate.” The proportionality review process has been developed and approved by our supreme court, see Pruitt, 415 S.W.3d at 212-17 (providing a discussion of the development of the comparative proportionality review process and specifically approving the constitutionality of the current process), and, as such, this court is without the authority to alter it, see Barger, 535 S.W.2d at 340 . 9. | 2 | 2 |
State v. Blandgreen2 sentences2014MODIFICATION OF PROPORTIONALITY REVIEW The defendant asserts that the comparative proportionality review adopted in Bland, 958 S.W.2d 651 , “is flawed and unreliable, and as such, produces an unconstitutionally flawed result.” The defendant seeks to modify proportionality review to broaden the pool of cases to be considered. 2006The supreme court set forth the criteria for determining whether a sentence is proportional in State v. Bland, 958 S.W.2d 651, 667-68 (Tenn.1997). | 1 | 3 |
Barger v. Brockgreen2 sentences2016See, e.g., Sexton, 368 S.W.3d at 428 . 8.Proportionality Review The defendant contends “that the proportionality review process in this [sjtate is deficient and unconstitutionally inadequate.” The proportionality review process has been developed and approved by our supreme court, see Pruitt, 415 S.W.3d at 212-17 (providing a discussion of the development of the comparative proportionality review process and specifically approving the constitutionality of the current process), and, as such, this court is without the authority to alter it, see Barger, 535 S.W.2d at 340 . 9.Grand Jury Review The 2015Proportionality Review The defendant contends “that the proportionality review process in this [s]tate is deficient and unconstitutionally inadequate.” The proportionality review process has been developed and approved by our supreme court, see Pruitt, 415 S.W.3d at 212-17 (providing a discussion of the development of the comparative proportionality review process and specifically approving the constitutionality of the current process), and, as such, this court is without the authority to alter it, see Barger, 535 S.W.2d at 340 . 9. | 1 | 2 |
State of Tennessee v. Hubert Glenn Sextongreen1 sentence2016See, e.g., Sexton, 368 S.W.3d at 428 . 8.Proportionality Review The defendant contends “that the proportionality review process in this [sjtate is deficient and unconstitutionally inadequate.” The proportionality review process has been developed and approved by our supreme court, see Pruitt, 415 S.W.3d at 212-17 (providing a discussion of the development of the comparative proportionality review process and specifically approving the constitutionality of the current process), and, as such, this court is without the authority to alter it, see Barger, 535 S.W.2d at 340 . 9.Grand Jury Review The | 1 | 1 |
State v. Holtongreen1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 1 |
State v. Leachgreen1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 1 |
State v. Berrygreen1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 1 |
State v. Reidgreen1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 1 |
State v. Dellingergreen1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 1 |
State v. Godseygreen1 sentence2003It is this court’s statutory responsibility to make this proportionality determination, considering “both the nature of the crime and the defendant.” Tenn. Code Ann. § 39-13-206 (c)(1)(D); State v. Godsey, 60 S.W.3d 759, 781 (Tenn. 2001). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Banks
green
1 sentence2016“The Tennessee Supreme Court has *245 consistently rejected this argument by holding that aggravating circumstances need not be pled in the indictment.” Banks, 271 S.W.3d at 167 (citing State v. Reid, 164 S.W.3d 286, 312 (2005); State v. Leach, 148 S.W.3d 42, 59 (Tenn. 2004); State v. Berry, 141 S.W.3d 549, 562 (Tenn. 2004); State v. Holton, 126 S.W.3d 845, 863 (Tenn. 2004); State v. Dellinger, 79 S.W.3d 458, 467 (Tenn. 2002)). | 1 | 2016–2016 |
Pulley v. Harris
green
2 sentences1997Initially, we emphasize that statutory comparative proportionality review must be distinguished from traditional Eighth Amendment proportionality analysis, which is the "abstract evaluation of the appropriateness of a sentence for a particular crime." Pulley v. Harris, 465 U.S. 37, 42-43 , 104 S.Ct. 871, 875 , 79 L.Ed.2d 29 (1984). 1997Initially, we emphasize that statutory comparative proportionality review must be distinguished from traditional Eighth Amendment proportionality analysis, which is the "abstract evaluation of the appropriateness of a sentence for a particular crime." Pulley v. Harris, 465 U.S. 37, 42-43 , 104 S.Ct. 871, 875 , 79 L.Ed.2d 29 (1984). | 1 | 1997–1997 |
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.