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State v. Banks

Citations

  • 271 S.W.3d 90
  • 2008 Tenn. LEXIS 963
  • 2008 WL 4823068

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the trial court’s “curative instruction adequately remedied the potential prejudice caused by the prosecutor’s erroneous argument” such that plain error did not occur
  • concluding that article I, section 9 of the Tennessee Constitution does not require a different result than Crawford
  • concluding that a shooting victim’s statements about the shooting made several hours later qualified as an excited utterance
  • holding that statement made approximately six hours after declarant was shot was admissible as an excited utterance
  • concluding that there was sufficient evidence of premeditation based in part on the defendant’s failure to provide aid or assistance to his victim after he shot him
  • holding that one instance in which abuse of discretion may be found is where the trial court “based its decision on a clearly erroneous assessment of the evidence”

Source: CourtListener parenthetical corpus (CC0).

Judges: Koch, Holder, Barker, Clark, Wade

Read full opinion on CourtListener

Cited by

610 cases in this archive cite this case; the 20 most cited are listed.

Cites

160 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.