6 Tennessee opinions name it 2 courts 2010–2016 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 |
|---|---|---|
Crawford v. Washingtongreen2 sentences2013Confrontation Clause Violation The defendant asserts that the testimony regarding Mr. Fizer’s identification of him was admitted in violation of the rule in Crawford v. Washington, 541 U.S. 36 (2004). 2010See id. at 541 U.S. at 59 , 124 S. Ct. at 1369 n. 9 (“The Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.”). | 1 | 2 |
Newton v. Coxgreen1 sentence2013Equal Protection “The concept of equal protection espoused by the federal and of our state constitutions14 guarantees that ‘all persons similarly circumstanced shall be treated alike.’” Newton v. Cox, 878 S.W.2d 105, 109 (Tenn. 1994) (quoting Tenn. Small School Sys. v. McWherter, 851 S.w.2d 139,153 (Tenn. 1993)). | 1 | 1 |
Tennessee Small School Systems v. McWhertergreen1 sentence2013Equal Protection “The concept of equal protection espoused by the federal and of our state constitutions14 guarantees that ‘all persons similarly circumstanced shall be treated alike.’” Newton v. Cox, 878 S.W.2d 105, 109 (Tenn. 1994) (quoting Tenn. Small School Sys. v. McWherter, 851 S.w.2d 139,153 (Tenn. 1993)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Harrison v. Schrader
green
2 sentences2016Because the Open Courts Clause ―applies only to such injuries as constitute violations of established law of which the courts can properly take cognizance[,]‖ Harrison, 569 S.W.2d at 827 , we find that Plaintiffs may not successfully invoke the clause to challenge section 29–26–121, nor to insist that section 29– 26–121 be analyzed under strict scrutiny. 2013Because the Open Courts Clause “applies only to such injuries as constitute violations of established law of which the courts can properly take cognizance[,]” Harrison, 569 S.W.2d at 827 , we find that Plaintiffs may not successfully invoke the clause to challenge section 29-26-121, nor to insist that section 29-26-121 be analyzed under strict scrutiny. ii. | 2 | 2013–2016 |
Camps Newfound/Owatonna, Inc. v. Town of Harrison
green
2 sentences2015The fact that'the negative Commerce ‘Clause doctrine is still susceptible to’ “different implications of meaning” can be seen in the criticism of the doctrine by current members of the Supreme Court, see, e.g., Camps Newfound/Owatonna, Inc., 520 U.S. at 610 , 117 S.Ct. 1590 (Thomas, J., dissenting) (“The negative Commerce Clause has no basis in the text of the Constitution, makes little sénse, and has proved virtually unworkable in application.”); Tyler Pipe Industries, Inc. v. Washington State Department of Revenue, 483 U.S. 232, 260 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (Scalia, J., concu 2015The fact that'the negative Commerce ‘Clause doctrine is still susceptible to’ “different implications of meaning” can be seen in the criticism of the doctrine by current members of the Supreme Court, see, e.g., Camps Newfound/Owatonna, Inc., 520 U.S. at 610 , 117 S.Ct. 1590 (Thomas, J., dissenting) (“The negative Commerce Clause has no basis in the text of the Constitution, makes little sénse, and has proved virtually unworkable in application.”); Tyler Pipe Industries, Inc. v. Washington State Department of Revenue, 483 U.S. 232, 260 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (Scalia, J., concu | 1 | 2015–2015 |
Tyler Pipe Industries, Inc. v. Washington State Department of Revenue
green
2 sentences2015The fact that'the negative Commerce ‘Clause doctrine is still susceptible to’ “different implications of meaning” can be seen in the criticism of the doctrine by current members of the Supreme Court, see, e.g., Camps Newfound/Owatonna, Inc., 520 U.S. at 610 , 117 S.Ct. 1590 (Thomas, J., dissenting) (“The negative Commerce Clause has no basis in the text of the Constitution, makes little sénse, and has proved virtually unworkable in application.”); Tyler Pipe Industries, Inc. v. Washington State Department of Revenue, 483 U.S. 232, 260 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (Scalia, J., concu 2015The fact that'the negative Commerce ‘Clause doctrine is still susceptible to’ “different implications of meaning” can be seen in the criticism of the doctrine by current members of the Supreme Court, see, e.g., Camps Newfound/Owatonna, Inc., 520 U.S. at 610 , 117 S.Ct. 1590 (Thomas, J., dissenting) (“The negative Commerce Clause has no basis in the text of the Constitution, makes little sénse, and has proved virtually unworkable in application.”); Tyler Pipe Industries, Inc. v. Washington State Department of Revenue, 483 U.S. 232, 260 , 107 S.Ct. 2810 , 97 L.Ed.2d 199 (1987) (Scalia, J., concu | 1 | 2015–2015 |
Ohio v. Roberts
red
1 sentence2010The United States Supreme Court has ruled, however, that the clause does not bar admission of evidence that "falls within a firmly rooted hearsay exception." Id. at 66 . | 1 | 2010–2010 |
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.