State v. Davenport

How courts have described this case

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

• holding that aggra vated assa ult is not a lesser grade or class of attempted aggravated rape because aggravated assault is among the “assaultive offenses” while aggravated rape is amo ng the “sexua l offenses”
• following the reasoning of Trusty and granting habeas corpus relief from a conviction for aggravated assault where the petitioner had been charged with attempted first degree murder
• notwithstanding Ealey, this court will not presume a defendant’s consent to an amendment of the indictment on the basis of his failure to object to an erroneous lesser included offense instruction
• stating “that where the defendant affirmatively requests a particular jury instruction on an offense not charged in the indictment . . . the defendant is deemed to have consented to an amendment of the indictment”

Source: CourtListener parenthetical corpus (CC0).

Cited by

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

• Demonbreun v. Bell
  Tennessee Supreme Court· 2007-05-08· cited 24×
• Smith v. Hesson
  Court of Appeals of Tennessee· 2001-05-18· cited 9×
• Donald F. Long v.Tennessee Board of Probation and Parole
  Court of Criminal Appeals of Tennessee· 2004-02-18· cited 4×
• Luster v. Bargery
  Court of Appeals of Tennessee· 2000-12-28· cited 2×
• David Lawrence Holt v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2013-09-18
• Leon Barnett Collier v. Arvil K. Chapman
  Court of Criminal Appeals of Tennessee· 2013-07-17
• Wade P. Tucker v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2013-02-26
• Jerry McGaha v. Tony Howerton, Warden
  Court of Criminal Appeals of Tennessee· 2012-10-17
• George L. Morgan v. David Sexton, Warden
  Court of Criminal Appeals of Tennessee· 2012-10-17
• Bobby Lee Scales Jr. v. Dwight Barbee, Warden
  Court of Criminal Appeals of Tennessee· 2012-09-12
• Timothy L. Dulworth v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2012-07-09
• Delivetrick Blocker v. David Osborne, Warden
  Court of Criminal Appeals of Tennessee· 2012-06-29
• Stephen L. Beasley v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2012-06-25
• Ricky Thomas Hughes v. David Sexton, Warden
  Court of Criminal Appeals of Tennessee· 2012-05-10
• Milton Leon Simpson v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2012-04-26
• Tracy Rose Baker v. Jeffrey D. Baker
  Court of Appeals of Tennessee· 2012-03-09
• Ray Turner v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2012-03-30
• Albert Frank Kelly v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2012-03-15
• Gary Wayne Garrett v. Cherry Lindamood, Warden
  Court of Criminal Appeals of Tennessee· 2011-12-21
• Richard Madkins v. State of Tennessee
  Court of Criminal Appeals of Tennessee· 2011-11-30

Cites

7 cases in this archive are cited by this case.

• Archer v. State
  Tennessee Supreme Court· 1993-03-22· cited 1,346×
• Passarella v. State
  Court of Criminal Appeals of Tennessee· 1994-07-28· cited 714×
• Potts v. State
  Tennessee Supreme Court· 1992-06-08· cited 427×
• State v. Brimmer
  Tennessee Supreme Court· 1994-02-07· cited 239×
• State v. Trusty
  Tennessee Supreme Court· 1996-03-25· cited 235×
• State v. Warren
  Court of Criminal Appeals of Tennessee· 1986-05-23· cited 72×
• State v. Ealey
  Court of Criminal Appeals of Tennessee· 1997-06-17· cited 56×