propriety of a jury instruction (Tennessee) · Go Syfert
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propriety of a jury instruction in Tennessee

8 Tennessee opinions name it 3 courts 2007–2018 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
State v. Smileygreen
tenn · 2001 · cited in 3 Tennessee opinions naming this issue, 2014–2018
2 sentences

2018State v. Fayne, 451 S.W.3d 362, 373 (Tenn. 2014) (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

2017Fayne, 451 S.W.3d at 373 (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

33
State v. Rushgreen
tenn · 2001 · cited in 3 Tennessee opinions naming this issue, 2014–2018
2 sentences

2018State v. Fayne, 451 S.W.3d 362, 373 (Tenn. 2014) (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

2017Fayne, 451 S.W.3d at 373 (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

33
Mason v. Tennessee Farmers Mutual Insurance Co.green
tennctapp · 1982 · cited in 2 Tennessee opinions naming this issue, 2007–2015
2 sentences

2015Co., 640 S.W.2d 561 (Tenn. Ct. App. 1982), our Court of Appeals specifically addressed the failure of a party to challenge the propriety of a jury instruction and concluded that Rule 3(e) of the Tennessee Rules of Appellate Procedure barred consideration of the issue on appeal: [T]he reason therefor is to allow the trial court to rectify any errors that might have been made at trial and to avoid “appeal by ambush.” The rule is not new in this jurisdiction, having been the law prior to the adoption of the existing rules of appellate procedure.

2007Co., 640 S.W.2d 561 (Tenn.Ct.App.1982), our Court of Appeals specifically addressed the failure of a party to challenge the propriety of a jury instruction and concluded that Rule 3(e) of the Tennessee Rules of Appellate Procedure barred consideration of the issue on appeal: [T]he reason therefor is to allow the trial court to rectify any errors that might have been made at trial and to avoid “appeal by ambush.” The rule is not new in this jurisdiction, having been the law prior to the adoption of the existing rules of appellate procedure.

22
State of Tennessee v. Broderick Devonte Faynegreen
tenn · 2014 · cited in 2 Tennessee opinions naming this issue, 2017–2018
2 sentences

2018State v. Fayne, 451 S.W.3d 362, 373 (Tenn. 2014) (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

2017Fayne, 451 S.W.3d at 373 (citing State v. Rush, 50 S.W.3d 424, 427 (Tenn. 2001); State v. Smiley, 38 S.W.3d 521, 524 (Tenn. 2001)).

12
Carpenter v. Stategreen
tenn · 2004 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018Carpenter v. State, 126 S.W.3d 879, 892 (Tenn. 2004).

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
White v. Premier Medical Group green
tennctapp · 2007
2 sentences

2016The case of White v. Premier Medical Group, 254 S.W.3d 411 (Tenn. Ct. App. 2007) involved the propriety of a jury instruction in a medical malpractice case.

2008Discussion The recent case of White v. Premier Medical Group, 254 S.W.3d 411 (Tenn.Ct.App., 2007) 1 involved the propriety of a jury instruction in a medical malpractice case.

22008–2016

Where else courts name it

CA 21 (1959–2025) WA 16 (1997–2024) IL 12 (1971–2019) NM 8 (1993–2016) MA 8 (1996–2015) TN 8 (2007–2018) ID 8 (1980–2014) IN 8 (2001–2020) PA 7 (1992–2023) CT 6 (2000–2010) GA 5 (1985–2019) FL 4 (1993–2024) AL 4 (1995–2007) AZ 4 (1984–2005) CO 4 (2002–2024) VA 4 (2004–2025) MS 4 (1992–2023) UT 4 (1992–2026) TX 3 (2006–2006) MO 3 (1996–2017) OH 3 (1992–2007) DE 3 (1982–1993) MD 3 (1972–2011) NY 2 (2003–2014)

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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