intoxication defense (Tennessee) · Go Syfert
← Tennessee issues

intoxication defense in Tennessee

6 Tennessee opinions name it 2 courts 1980–2015 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.

Followed or applied (5)

CaseFollowedCited
Wiley v. Stategreen
tenn · 2006 · cited in 1 Tennessee opinions naming this issue, 2015–2015
1 sentence

2015See T.C.A. § 39-11-503(a); Wiley v. State, 183 S.W.3d 317, 333 (Tenn. 2006); -18- Compare T.P.I.—Crim. § 40.02 Defense: Intoxication (2014), with T.P.I.—Crim. § 42.22 Evidence of mental state (2014).

11
State v. Browngreen
tenn · 2000 · cited in 1 Tennessee opinions naming this issue, 2014–2014
1 sentence

2014Regarding the Petitioner’s claim that he was denied his right to present an intoxication defense to show that he lacked the capacity of premeditation, “[t]he Sixth Amendment and the Due Process Clause of the Fourteenth Amendment clearly guarantee a criminal defendant the right to present a defense which includes the right to present witnesses favorable to the defense.” State v. Brown, 29 S.W.3d 427, 432 (Tenn. 2000).

11
State v. Brooksgreen
tenncrimapp · 1995 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001See State v. Brooks, 909 S.W.2d 854, 859 (Tenn. Crim.

11
People v. Hayesgreen
michctapp · 1975 · cited in 1 Tennessee opinions naming this issue, 1996–1996
2 sentences

1996In this case, the statement that the State obtains from the defendant and uses as evidence of his guilt is “I refuse to take the test because I expect it would show evidence of intoxication.” The issue was put succinctly in People v. Hayes, 64 Mich.App. 203 , 235 N.W.2d 182, 184-85 (1975), where the court held: [T]he admission of a defendant’s refusal to submit to an intoxication test would render nugatory the choice which the statute provides him....

1996In this case, the statement that the State obtains from the defendant and uses as evidence of his guilt is “I refuse to take the test because I expect it would show evidence of intoxication.” The issue was put succinctly in People v. Hayes, 64 Mich.App. 203 , 235 N.W.2d 182, 184-85 (1975), where the court held: [T]he admission of a defendant’s refusal to submit to an intoxication test would render nugatory the choice which the statute provides him....

11
Overall v. Southern Subaru Star, Inc.green
tenn · 1976 · cited in 1 Tennessee opinions naming this issue, 1991–1991
1 sentence

1991(Emphasis added.) As this Court pointed out in Overall v. Southern Subaru Star, Inc., 545 S.W.2d 1, 4 (Tenn.1976), in order to invoke the intoxication defense, the “employer has the burden of establishing proximate cause.” However, we also pointed out that the employer is not required to prove that “the employee’s intoxication was the sole cause.” We interpret the statute’s words “due to intoxication” to require that intoxication be a cause of the injury.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
Hall v. State green
tenn · 1973
1 sentence

1980Since under Hall v. State, 490 S.W.2d 495 (Tenn.1973), such a finding may properly be made from circumstantial evidence, we hold that any rational trier of fact would have found the appellant guilty beyond a reasonable doubt.

11980–1980

Where else courts name it

NY 114 (1985–2026) FL 45 (1985–2025) CA 43 (1970–2026) IL 41 (1975–2021) IN 41 (1976–2020) LA 41 (1968–2025) MI 39 (1970–2022) WA 39 (1976–2023) NJ 36 (1978–2026) IA 29 (1957–2024) MA 25 (1983–2018) KY 20 (1969–2024) WI 18 (1976–2021) NM 16 (1983–2025) PA 16 (1970–2019) MO 14 (1982–1995) AL 14 (1977–2025) MN 12 (1975–2016) CO 12 (1975–2026) WY 11 (1977–2012) AZ 10 (1983–2009) OH 10 (1998–2006) NC 9 (1977–2020) KS 8 (1965–2017) OK 8 (1989–2018) NE 7 (1988–2026) TX 7 (1977–2019) MT 7 (1987–2012) DC 6 (1973–2008) TN 6 (1980–2015) CT 6 (1991–2024) ME 5 (1978–2025) UT 5 (1983–2014) WV 4 (1982–1996) RI 4 (1971–2021) NH 4 (1984–1994) MS 3 (1980–2006) MD 3 (2002–2023) VA 3 (1986–2009) SD 2 (1978–1996) AK 2 (1978–1985) ND 2 (1982–1993) AR 2 (1996–2010) ID 2 (1976–2022)

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.

← Caselaw search · G Cite Topics · Brief Check