Topic: in determining whether waiver is appropriate, this court wi… · Go Syfert
← All topics

Topic #4089

5 canonical passages across 3 cases, quoted by 125 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Rockwell.

#Case FlagCanonical passage Citers
1 State v. Rockwell Anchor
tenncrimapp · 2007
green “in determining whether waiver is appropriate, this court will consider the nature of the issues presented for review, the reasons for and the length of the delay in seeking relief, and any other relevant factors presented in the particular case.” 72
2 State v. Rockwell
tenncrimapp · 2007
green “waiver is not automatic and should only occur when 'the interest of justice' mandates waiver.” 23
3 State v. Rockwell
tenncrimapp · 2007
green “if this court were to summarily grant a waiver whenever confronted with untimely notices, the thirty-day requirement of tennessee rule of appellate procedure 4(a) would be rendered a legal fiction.” 22
4 State v. Dodson
tenncrimapp · 1989
green “since the appeal of the appellant has merit, it is in the interest of justice that the notice of appeal requirement be waived.” 5
5 State of Tennessee v. Charles E. Lowe-Kelley
tenn · 2012
green “the possibility that the circumstances of a case may require a 'skeletal motion.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

← Caselaw search · Hot / Trending / Newly red · Brief Check