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43 Tennessee opinions name it 1 courts 1999–2010 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.
| Case | Followed | Cited |
|---|---|---|
State v. Byrdgreen2 sentences2010Furthermore, unless sufficient evidence rebuts the presumption, “[t]he trial court must presume that a defendant sentenced to eight years or less and not an offender for whom incarceration would result in successful rehabilitation .... ” State v. Byrd, 861 S.W.2d 377, 379-80 (Tenn.Crim.App.1993); see also T.C.A. § 40-35-303(a). 2010Furthermore, unless sufficient evidence rebuts the presumption, “[t]he trial court -4- must presume that a defendant sentenced to eight years or less is an offender for whom incarceration would result in successful rehabilitation . . . .” State v. Byrd, 861 S.W.2d 377, 379-80 (Tenn. Crim. | 33 | 34 |
State v. Cartergreen2 sentences2010A court shall consider, but is not bound by, this advisory sentencing guideline.” T.C.A. § 40-35-102(6); see also Carter, 254 S.W.3d at 347 . 2009A court shall consider, but is not bound by, this advisory sentencing guideline.” T.C.A. § 40- 35-102(6); see also Carter, 254 S.W.3d at 347 . | 4 | 4 |
State v. Dowdygreen2 sentences2005In choosing among possible sentencing alternatives, the trial court should consider Tennessee Code Annotated section 40-35-103(5), which states, in pertinent part, “The potential or lack of potential for the rehabilitation or treatment of a defendant should be considered in determining the sentence alternative or length of a term to be imposed.” Tenn. Code Ann. § 40-35-103 (5); State v. Dowdy, 894 S.W.2d 301, 305 (Tenn. Crim. 2004In choosing among possible sentencing alternatives, the trial court should consider Tennessee Code Annotated section 40-35-103(5), which states, in pertinent part, “The potential or lack of potential for the rehabilitation or treatment of a defendant should be considered in determining the sentence alternative or length of a term to be imposed.” Id. § 40-35-103(5); State v. Dowdy, 894 S.W.2d 301, 305 (Tenn. Crim. | 4 | 4 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Ashby
green
2 sentences2004A defendant who does not fall within this class of offenders “and who is an especially mitigated offender or standard offender convicted of a Class C, D, or E felony is presumed to be a favorable candidate for alternative sentencing in the absence of evidence to the contrary.” Id. § 40- 35-102(6). 2004Furthermore, unless sufficient evidence rebuts the presumption, “[t]he trial court must presume that a defendant sentenced to eight years or less and not an offender for whom incarceration is a priority is subject to alternative sentencing, and that a sentence other than incarceration would result in successful rehabilitation . . . .” Ashby, 823 S.W.2d at 169 ; State v. Byrd, 861 S.W.2d 377, 379-80 (Tenn. Crim. | 3 | 2003–2004 |
State v. Santiago
green
1 sentence2004Id. ` A defendant “who is an especially mitigated offender or standard offender convicted of a Class C, D, or E felony is presumed to be a favorable candidate for alternative sentencing in the absence of evidence to the contrary.” Tenn. Code Ann. § 40-35-102 (6)(emphasis added). | 1 | 2004–2004 |
State v. Bingham
green
1 sentence1999Thus, the defendant cannot have a criminal history indicating either “clear disregard for the laws and morals of society” or “failure of past efforts at rehabilitation.” Bingham, 910 S.W.2d at 454 (quoting Tenn. Code Ann. § 40-35-102 (5)). | 1 | 1999–1999 |
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.