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

8 Tennessee opinions name it 3 courts 2015–2021 2 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 (6)

CaseFollowedCited
State v. McDonaldgreen
tenn · 1976 · cited in 8 Tennessee opinions naming this issue, 2015–2021
2 sentences

2021These requirements, however, do not demand that criminal statutes “meet the unattainable standard of ‘absolute precision.’” Crank, 468 S.W.3d at 23 (quoting State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976)).

2021Despite the importance of these constitutional protections, this Court has recognized the “inherent vagueness” of statutory language, Pickett, 211 S.W.3d at 704 , and has held that criminal statutes do not have to meet the unattainable standard of “absolute precision,” State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976); see also State v. Lyons, 802 S.W.2d 590, 592 (Tenn. 1990) (“The vagueness doctrine does not invalidate every statute which a reviewing court believes could have been drafted with greater precision, especially in light of the inherent vagueness of many English words.”).

88
State v. Lyonsgreen
tenn · 1990 · cited in 7 Tennessee opinions naming this issue, 2015–2021
2 sentences

2021Despite the importance of these constitutional protections, this Court has recognized the “inherent vagueness” of statutory language, Pickett, 211 S.W.3d at 704 , and has held that criminal statutes do not have to meet the unattainable standard of “absolute precision,” State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976); see also State v. Lyons, 802 S.W.2d 590, 592 (Tenn. 1990) (“The vagueness doctrine does not invalidate every statute which a reviewing court believes could have been drafted with greater precision, especially in light of the inherent vagueness of many English words.”).

2017Despite the importance of these constitutional protections, this Court has recognized the “inherent vagueness” of statutory language, Pickett, 211 S.W.3d at 704 , and has held that criminal statutes do not have to meet the unattainable standard of “absolute precision,” State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976); see also State v. Lyons, 802 S.W.2d 590, 592 (Tenn. 1990) (“The vagueness doctrine does not invalidate every statute which a reviewing court believes could have been drafted with greater precision, especially in light of the inherent vagueness of many English words.”).

77
State of Tennessee v. Jacqueline Crankgreen
tenn · 2015 · cited in 5 Tennessee opinions naming this issue, 2017–2021
2 sentences

2021These requirements, however, do not demand that criminal statutes “meet the unattainable standard of ‘absolute precision.’” Crank, 468 S.W.3d at 23 (quoting State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976)).

2020“Despite the importance of these constitutional protections,” our supreme court “has recognized the ‘inherent vagueness’ of statutory language . . . and has held that criminal statutes do not have to meet the unattainable standard of ‘absolute precision.’” Crank, 468 S.W.3d at 23 (quoting Pickett, 211 S.W.3d at 704 ; State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976)).

15
Robinson v. United Statesgreen
scotus · 1945 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021“Many statutes will have some inherent vagueness, for ‘[i]n most English words and phrases there lurk uncertainties.’” Rose v. Locke, 423 U.S. 48, 49-50 (1975) (quoting Robinson v. United States, 324 U.S. 282, 286 (1945)).

11
Rose v. Lockegreen
scotus · 1975 · cited in 1 Tennessee opinions naming this issue, 2021–2021
1 sentence

2021“Many statutes will have some inherent vagueness, for ‘[i]n most English words and phrases there lurk uncertainties.’” Rose v. Locke, 423 U.S. 48, 49-50 (1975) (quoting Robinson v. United States, 324 U.S. 282, 286 (1945)).

11
United States v. Harrissgreen
scotus · 1954 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017“The primary purpose of the vagueness doctrine is to ensure that our statutes provide fair warning as to the nature of forbidden conduct so that individuals are not ‘held criminally responsible for conduct which [they] could not reasonably understand to be proscribed.’” State v. Crank, 468 S.W.3d 15, 22-23 (Tenn. 2015) (quoting United States v. Harriss, 347 U.S. 612, 617 (1954)). -7- “Despite the importance of these constitutional protections,” our supreme court “has recognized the ‘inherent vagueness’ of statutory language . . . and has held that criminal statutes do not have to meet the unat

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
State v. Pickett green
tenn · 2007
2 sentences

2021Despite the importance of these constitutional protections, this Court has recognized the “inherent vagueness” of statutory language, Pickett, 211 S.W.3d at 704 , and has held that criminal statutes do not have to meet the unattainable standard of “absolute precision,” State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976); see also State v. Lyons, 802 S.W.2d 590, 592 (Tenn. 1990) (“The vagueness doctrine does not invalidate every statute which a reviewing court believes could have been drafted with greater precision, especially in light of the inherent vagueness of many English words.”).

2020“Despite the importance of these constitutional protections,” our supreme court “has recognized the ‘inherent vagueness’ of statutory language . . . and has held that criminal statutes do not have to meet the unattainable standard of ‘absolute precision.’” Crank, 468 S.W.3d at 23 (quoting Pickett, 211 S.W.3d at 704 ; State v. McDonald, 534 S.W.2d 650, 651 (Tenn. 1976)).

62017–2021

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 39-11-104 (6) TN § Tenn. Code Ann. § 39-12-101 (3) TN § Tenn. Code Ann. § 39-13-605 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 8 (2015–2021) DE 6 (2017–2025) CA 4 (1995–2024) VT 3 (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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