7 Tennessee opinions name it 2 courts 1896–2014 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 |
|---|---|---|
Powell v. Alabamagreen1 sentence2013Courts have presumed prejudice under this first scenario when counsel was not appointed until the morning of the trial, see Powell v. Alabama, 287 U.S. 45, 57 (1932), and when counsel only met with the defendant for a total of six minutes and was suspended from the practice of law for the last month before the trial, see Mitchell v. Mason, 325 F.3d 732, 742-44 (6th Cir. 2003). | 1 | 1 |
Charlie Lee Mitchell v. Warden Gerald Masongreen1 sentence2013Courts have presumed prejudice under this first scenario when counsel was not appointed until the morning of the trial, see Powell v. Alabama, 287 U.S. 45, 57 (1932), and when counsel only met with the defendant for a total of six minutes and was suspended from the practice of law for the last month before the trial, see Mitchell v. Mason, 325 F.3d 732, 742-44 (6th Cir. 2003). | 1 | 1 |
Missouri v. Seibertgreen2 sentences2008In his separate concurring opinion, Justice Breyer expressed a preference for “a simple rule” that would “apply to the two-stage interrogation technique” and which would require courts to “exclude the ‘fruits’ of the initial unwarned questioning unless the failure to warn was in good faith.” Seibert, 542 U.S. at 617 , 124 S.Ct. 2601 (Breyer, J., concurring). 2008In his separate concurring opinion, Justice Breyer expressed a preference for “a simple rule” that would “apply to the two-stage interrogation technique” and which would require courts to “exclude the ‘fruits’ of the initial unwarned questioning unless the failure to warn was in good faith.” Seibert, 542 U.S. at 617 , 124 S.Ct. 2601 (Breyer, J., concurring). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hatchett v. State
green
2 sentences1982In compliance with this constitutional prohibition, T.C.A. § 40- 503 prohibits the issuance of a search warrant except on probable cause and requires the warrant to “particularly” describe “the place to be searched.” As is pointed out in Squires v. State, 525 S.W.2d 686 (Tenn.Cr.App.1975) at page 690: The simple test of the legal sufficiency of a search warrant’s description of the property to be searched is whether or not it will enable an officer to locate the place to be searched with reasonable certainty, Hatchett v. State, 208 Tenn. 399 , 346 S.W.2d 258 , and thus prevent the officer from 1982In compliance with this constitutional prohibition, T.C.A. § 40- 503 prohibits the issuance of a search warrant except on probable cause and requires the warrant to “particularly” describe “the place to be searched.” As is pointed out in Squires v. State, 525 S.W.2d 686 (Tenn.Cr.App.1975) at page 690: The simple test of the legal sufficiency of a search warrant’s description of the property to be searched is whether or not it will enable an officer to locate the place to be searched with reasonable certainty, Hatchett v. State, 208 Tenn. 399 , 346 S.W.2d 258 , and thus prevent the officer from | 2 | 1975–1982 |
Lea Et Ux. v. State
green
2 sentences1982Lea v. State, 181 Tenn. 378 , 181 S.W.2d 351 . 1982Lea v. State, 181 Tenn. 378 , 181 S.W.2d 351 . | 2 | 1975–1982 |
Williams v. Illinois
red
2 sentences2014The dissenters viewed Williams as an “an open-and-shut case,” id. at 2265 , if the Court “adher[ed] to the simple rule” established in earlier Confrontation Clause precedents. 2014The dissenters viewed Williams as an “an open-and-shut case,” id. at 2265 , if the Court “adher[ed] to the simple rule” established in earlier Confrontation Clause precedents. | 1 | 2014–2014 |
Squires v. State
green
1 sentence1982In compliance with this constitutional prohibition, T.C.A. § 40- 503 prohibits the issuance of a search warrant except on probable cause and requires the warrant to “particularly” describe “the place to be searched.” As is pointed out in Squires v. State, 525 S.W.2d 686 (Tenn.Cr.App.1975) at page 690: The simple test of the legal sufficiency of a search warrant’s description of the property to be searched is whether or not it will enable an officer to locate the place to be searched with reasonable certainty, Hatchett v. State, 208 Tenn. 399 , 346 S.W.2d 258 , and thus prevent the officer from | 1 | 1982–1982 |
People v. Yeaton
neutral
2 sentences1920It cannot be more worthy of belief, or more competent to overcome both that presumption and the testimony of the defendant, after he has denied that he ever made it.” (Citing authorities.) “The privilege granted to an accused person of testifying on Ms own behalf would be a poor and useless one indeed if he could exercise it only on condition that every incompetent confession induced by the promises, or wrung from Mm by the unlawful secret inquisitions and criminating suggestions, of arresting or holding officers, should become evidence against him.. ’ ’ In People v. Yeaton, 75 Cal., 415 , 17 1920It cannot be more worthy of belief, or more competent to overcome both that presumption and the testimony of the defendant, after he has denied that he ever made it.” (Citing authorities.) “The privilege granted to an accused person of testifying on Ms own behalf would be a poor and useless one indeed if he could exercise it only on condition that every incompetent confession induced by the promises, or wrung from Mm by the unlawful secret inquisitions and criminating suggestions, of arresting or holding officers, should become evidence against him.. ’ ’ In People v. Yeaton, 75 Cal., 415 , 17 | 1 | 1920–1920 |
Minot v. Paine
green
1 sentence1896The leading, though not the oldest, case of the former line, is that Minot v. Paine, 99 Mass., 101 , which is headnoted as follows: ££If a fund held in trust to pay the income to one until his death, and then convey the capital to another, includes shares in the stock of a corporation, shares of additional stock distributed to the trustees as a lawful dividend thereon, accrue as capital, although they represent net earnings of the corporation.” In the course of the opinion it was observed: “The Court do not regard the fact that the dividends were made from the net earnings of the roads as mate | 1 | 1896–1896 |
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.