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7 Tennessee opinions name it 3 courts 1976–2017 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.
| Case | Followed | Cited |
|---|---|---|
Tina Marie Hodge v. Chadwick Craiggreen1 sentence2017App. P. 27(a)(4).” Hodge v. Craig, 382 S.W.3d 325, 335 (Tenn. 2012). 21 Violation of equal protection; Violation of the self-incrimination clause; Unlawful bill of attainder; Violation of his right to travel under the privileges and immunities clause and due process clause; Violation of due process rights and an unconstitutional taking due to the impact on his family; Violation of due process in connection with the mandatory therapy requirement; Violation of due process due to vagueness.16 The trial court correctly noted that Nunn “seeks declaratory relief based on the same viola | 1 | 1 |
Illinois v. Perkinsgreen2 sentences2016See Perkins, 496 U.S. at 296-98 , 110 S.Ct. 2394 ; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 “[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.” Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). 2016See Perkins, 496 U.S. at 296-98 , 110 S.Ct. 2394 ; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 “[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.” Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). | 1 | 1 |
Braswell v. United Statesgreen2 sentences1998See Braswell v. United States, 487 U.S. 99, 99 , 108 S.Ct. 2284, 2285 , 101 L.Ed.2d 98 (1988). 19 . 1998See Braswell v. United States, 487 U.S. 99, 99 , 108 S.Ct. 2284, 2285 , 101 L.Ed.2d 98 (1988). 19 . | 1 | 1 |
Kelley v. Stategreen1 sentence1976See also Kelley v. State, 478 S.W.2d 73 (Tenn.Ct.Cr.App.) wherein the prosecution was permitted to show defendant’s silence while in custody of police officers where the defendant undertook to testify that “he was bent upon reporting the facts of this burglary as soon as he could get in touch with certain other officers.” In these cases the courts sought to and did strike a balance between protecting the self-incrimination bar of the Fifth Amendment and allowing full testing of the truth of defendant’s trial testimony. | 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 of Tennessee v. Henry Floyd Sanders
green
2 sentences2016See Perkins, 496 U.S. at 296-98; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 ―[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.‖ Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). 2016See Perkins, 496 U.S. at 296-98; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 ―[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.‖ Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). | 2 | 2016–2016 |
State of Tennessee v. Fred Chad Clark, II
green
2 sentences2016See Perkins, 496 U.S. at 296-98; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 ―[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.‖ Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). 2016See Perkins, 496 U.S. at 296-98; Sanders, 452 S.W.3d at 311 ; Clark, 452 S.W.3d at 282 -83 ―[T]he United States Constitution provides no protection for those who voluntarily offer information to a confidant.‖ Sanders, 452 S.W.3d at 314 (quoting Pate, 2011 WL 6935329 , at *9). | 2 | 2016–2016 |
Braden v. State
green
1 sentence2010In Braden, the court explained that in order to “strike a balance between protecting the self-incrimination bar of the Fifth Amendment and allowing full testing of the truth of defendant’s trial testimony . . . evidence of pretrial silence of the defendant must be admitted with caution and then only where such silence is patently inconsistent with defendant’s testimony.” Id. at 660 . | 1 | 2010–2010 |
Lesko v. Lehman
green
2 sentences1994In Lesko, supra, 925 F.2d at 1542 , however, the Third Circuit Court of Appeals held that a defendant's penalty phase testimony about mitigating factors that are wholly collateral to the charges against the individual does not operate as a complete waiver of the defendant's self-incrimination privilege or rights under Griffin . 1994In Lesko, supra, 925 F.2d at 1542 , however, the Third Circuit Court of Appeals held that a defendant’s penalty phase testimony about mitigating factors that are wholly collateral to the charges against the individual does not operate as a complete waiver of the defendant’s self-incrimination privilege or rights under Griffin. | 1 | 1994–1994 |
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.