reviewing standard (Tennessee) · Go Syfert
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reviewing standard in Tennessee

6 Tennessee opinions name it 3 courts 1989–2013 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
Overton v. Stategreen
tenn · 1994 · cited in 2 Tennessee opinions naming this issue, 2005–2010
2 sentences

2010See id.; see also Overton, 874 S.W.2d 6, 11 (Tenn. 1994) (“To establish actual prejudice, the defendant must demonstrate that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”), cf. State v. Allen, 69 S.W.3d 181, 189 (Tenn. 2002) (articulating a traditional test for harmless constitutional error in omitting jury instruction on lesser included offense and indicating that the conviction will be reversed on direct appeal unless the reviewing court is convinced beyond a reasonable doubt that the error did not

2005See id.; see also Overton, 874 S.W.2d at 11 (“To establish actual prejudice, the defendant must demonstrate that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”), cf. State v. Allen, 69 S.W.3d 181, 189 (Tenn. 2002) (articulating a traditional test for harmless constitutional error in omitting jury instruction on lesser included offense and indicating that the conviction will be reversed unless the reviewing court is reasonably sure that the error did not affect the verdict).

22
State v. Allengreen
tenn · 2002 · cited in 2 Tennessee opinions naming this issue, 2005–2010
2 sentences

2010See id.; see also Overton, 874 S.W.2d 6, 11 (Tenn. 1994) (“To establish actual prejudice, the defendant must demonstrate that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”), cf. State v. Allen, 69 S.W.3d 181, 189 (Tenn. 2002) (articulating a traditional test for harmless constitutional error in omitting jury instruction on lesser included offense and indicating that the conviction will be reversed on direct appeal unless the reviewing court is convinced beyond a reasonable doubt that the error did not

2005See id.; see also Overton, 874 S.W.2d at 11 (“To establish actual prejudice, the defendant must demonstrate that ‘there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”), cf. State v. Allen, 69 S.W.3d 181, 189 (Tenn. 2002) (articulating a traditional test for harmless constitutional error in omitting jury instruction on lesser included offense and indicating that the conviction will be reversed unless the reviewing court is reasonably sure that the error did not affect the verdict).

22
Board of Professional Responsibility of the Supreme Court of Tennessee v. Thomas Ewing Cowangreen
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2013–2013
1 sentence

2013Bd. of Prof'l Responsibility v. Cowan, 388 S.W.3d 264, 267 (Tenn.2012).

11
State v. Jacumingreen
tenn · 1989 · cited in 1 Tennessee opinions naming this issue, 2000–2000
2 sentences

2000Spinelli, 393 U.S. at 418 , 89 S. Ct. at 590 ; State v. Jacumin, 778 S.W.2d 430, 432 (Tenn. 1989).

2000Spinelli, 393 U.S. at 418 , 89 S.Ct. at 590 ; State v. Jacumin, 778 S.W.2d 430, 432 (Tenn.1989).

11
Jones v. Ridgewood Health Care Center, Inc.green
tenn · 1983 · cited in 1 Tennessee opinions naming this issue, 1989–1989
1 sentence

1989The material evidence rule in conjunction with our determination that issues involving required route and special hazard are primarily factual rather than legal, Jones v. Ridgewood Health Care Center, Inc., 650 S.W.2d 375, 377 (Tenn.1983), constrained us to let stand conflicting trial court rulings on factually similar cases.

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 (2)

CaseCitedYears
Cumulus Broadcasting, Inc. v. Shim green
tenn · 2007
1 sentence

2010We begin our analysis of the issue before this Court by reviewing the factors that a court should consider when deciding whether to allow an amendment, i.e., “[u]ndue delay in filing; lack of notice to the opposing party; bad faith by the moving party, repeated -3- failure to cure deficiencies by previous amendments, undue prejudice to the opposing party, and futility of amendment.” Id. at 374 .

12010–2010
Spinelli v. United States red
scotus · 1969
2 sentences

2000Spinelli, 393 U.S. at 418 , 89 S.Ct. at 590 ; State v. Jacumin, 778 S.W.2d 430, 432 (Tenn.1989).

2000Spinelli, 393 U.S. at 418 , 89 S.Ct. at 590 ; State v. Jacumin, 778 S.W.2d 430, 432 (Tenn.1989).

12000–2000

Where else courts name it

LA 110 (1986–2026) TX 34 (1991–2025) AL 31 (1993–2017) MO 31 (1986–2025) OH 29 (1991–2026) IN 27 (1981–2020) IL 24 (1983–2026) MI 22 (1970–2026) PA 19 (1976–2026) CA 16 (1973–2024) CT 14 (1985–2025) NY 10 (1997–2012) NJ 7 (1981–2025) TN 6 (1989–2013) KS 6 (1911–2023) GA 5 (2000–2010) MN 5 (1986–1998) WV 4 (2006–2024) FL 4 (1984–2010) MD 4 (1981–2025) WI 3 (2017–2019) AR 3 (2020–2025) RI 3 (1977–1995) OR 3 (2002–2024) MS 3 (2000–2001) WA 3 (1910–2019) DC 2 (1993–2016) HI 2 (2016–2024) MT 2 (1979–2001) MA 2 (2009–2023) NC 2 (1984–2017) VA 2 (1997–2006) CO 2 (2017–2017) OK 2 (1984–2006) VT 2 (2010–2021) WY 2 (2000–2002)

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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