Court of Criminal Appeals of Tennessee· 1/29/1996
State v. Embry
Citations
- 915 S.W.2d 451
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that application of enhancement factor (5) “requires a finding of cruelty over an d above tha t inherently attendant to the crime”
- holding that enhancement factor (5) \requires a finding of cruelty over and above that inherently attendant to the crime\
- rejecting this factor where rape victim was forced at knifepoint to remove her clothing and subjected to sexual acts
- not applicable because facts to support exceptional cruelty were not \over and above that incident\ to aggravated rape
- the facts must “support a finding of ‘exceptional cruelty’ that demonstrates a culpability distinct from and appreciably greater than that incident to” the charged offense
Source: CourtListener parenthetical corpus (CC0).
Judges: Barker, Summers, Hayes
Read full opinion on CourtListenerCited by
47 cases in this archive cite this case; the 20 most cited are listed.
- State v. PooleTennessee Supreme Court· 1997-05-12· cited 452×
- State v. ArnettTennessee Supreme Court· 2001-07-03· cited 432×
- State v. GriffisCourt of Criminal Appeals of Tennessee· 1997-04-30· cited 222×
- State v. WinfieldTennessee Supreme Court· 2000-06-20· cited 207×
- State v. DeanCourt of Criminal Appeals of Tennessee· 2001-09-28· cited 173×
- State v. HoytCourt of Criminal Appeals of Tennessee· 1995-12-13· cited 109×
- State v. SprattCourt of Criminal Appeals of Tennessee· 2000-06-08· cited 57×
- State v. TurnerCourt of Criminal Appeals of Tennessee· 2000-03-17· cited 31×
- State of Tennessee v. Eddie HoofCourt of Criminal Appeals of Tennessee· 2013-02-05
- State of Tennessee v. Jermaine BurdetteCourt of Criminal Appeals of Tennessee· 2012-12-26
- State of Tennessee v. Corey NolandCourt of Criminal Appeals of Tennessee· 2012-10-25
- State of Tennessee v. Jimmy EstersCourt of Criminal Appeals of Tennessee· 2012-06-22
- State of Tennessee v. Kenneth HayesCourt of Criminal Appeals of Tennessee· 2011-08-19
- State of Tennessee v. Elgene Porter aka \Twin\Court of Criminal Appeals of Tennessee· 2011-03-14
- State of Tennessee v. Mario A. ReedCourt of Criminal Appeals of Tennessee· 2010-08-31
- State of Tennessee v. David Anthony Avery and Frederick Alexander Avery, (a/k/a Alex Avery)Court of Criminal Appeals of Tennessee· 2009-12-10
- State of Tennessee v. James JohnsonCourt of Criminal Appeals of Tennessee· 2004-10-20
- State of Tennessee v. Holly Fant - ConcurringCourt of Criminal Appeals of Tennessee· 2004-01-14
- State of Tennessee v. Holly FantCourt of Criminal Appeals of Tennessee· 2004-01-14
- State of Tennessee v. Ronald PaxtonCourt of Criminal Appeals of Tennessee· 2003-06-20
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.