constitutionally valid waiver (Tennessee) · Go Syfert
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constitutionally valid waiver in Tennessee

7 Tennessee opinions name it 1 courts 2001–2025 3 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.

Followed or applied (5)

CaseFollowedCited
State v. Goodwingreen
tenncrimapp · 1995 · cited in 5 Tennessee opinions naming this issue, 2001–2025
2 sentences

2025That being said, the rule does not specify a particular form that the written waiver must follow, see, e.g., State v. Battles, No. W1998-00558-CCA-R3- CD, 1999 WL 1525475 , at * 8 n. 5 (Tenn. Crim. App. Dec. 30, 1999) (stating that repeated filing of pro se motions “initiated by the defendant” were “sufficient to satisfy the written waiver requirement”), and this court has held that the absence of a written waiver “does not necessarily preclude a constitutionally valid waiver,” State v. Hatch, No. W2000- 01005-CCA-R3-CD, 2001 WL 1268442 , at *6 (Tenn. Crim. App. Oct. 19, 2001) (first citing St

2021That being said, the rule does not specify a particular form that the written waiver must follow, see, e.g., State v. Gregory Scott Battles, No. W1998-00558- CCA-R3-CD, 1999 WL 1525475 , at * 8 n. 5 (Tenn. Crim. App., Jackson, Dec. 30, 1999) (stating that repeated filing of pro se motions “initiated by the defendant” were “sufficient to satisfy the written waiver requirement”), and this court has held that the absence of a written waiver “does not necessarily preclude a constitutionally valid waiver,” State v. Vincent Hatch, No. W2000-01005-CCA-R3-CD, 2001 WL 1268442 , at *6 (Tenn. Crim. App.,

55
Barker v. Wingogreen
scotus · 1972 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024See Barker v. Wingo, 407 U.S. 514, 525 (1972).

11
State v. Blyegreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Both the Sixth Amendment to the Constitution of the United States and article I, section 9 of the Tennessee Constitution guarantee the right to assistance of counsel at “critical stages” of the prosecution “where counsel’s absence might derogate from the accused’s right to a fair trial.” State v. Blye, 130 S.W.3d 776, 780 (Tenn. 2004) (citing State v. Martin, 950 S.W.2d 20, 25 (Tenn. 1997)).

11
State v. Northingtongreen
tenn · 1984 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018See State v. Northington, 667 S.W.2d 57, 61-62 (Tenn. 1984).

11
State v. Martingreen
tenn · 1997 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Both the Sixth Amendment to the Constitution of the United States and article I, section 9 of the Tennessee Constitution guarantee the right to assistance of counsel at “critical stages” of the prosecution “where counsel’s absence might derogate from the accused’s right to a fair trial.” State v. Blye, 130 S.W.3d 776, 780 (Tenn. 2004) (citing State v. Martin, 950 S.W.2d 20, 25 (Tenn. 1997)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Where else courts name it

CA 12 (1968–2025) CT 9 (1986–2026) TN 7 (2001–2025) GA 5 (2008–2025) TX 4 (2015–2015) OH 3 (2015–2025) PA 2 (1971–1971) KY 2 (2004–2013) WA 2 (1999–1999) AZ 2 (1967–2020) DC 2 (2006–2012) ID 2 (2004–2004) CO 2 (1990–2010) KS 2 (2015–2024)

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.

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