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State v. Leming

Citations

  • 3 S.W.3d 7
  • 1998 Tenn. Crim. App. LEXIS 1055

How courts have described this case

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

  • stating that “amnesia, in and of itself does not constitute incompetency too stand trial” and considering whether the defendant can receive a fair trial despite the amnesia
  • holding reasonableness of the defendant’s belief was an issue for the jury to decide
  • murder victim’s statement as to fear of defendant inadmissible be cause victim’s state of mind not relevant to an issue on trial
  • “[T]he victim‟s statement expressing his fears about the defendant would not be relevant for the state‟s case to prove the defendant‟s guilt, even if viewed as evidence of the victim‟s state of mind.”
  • “If a new certificate of appeal . . . were to certify that the appellant waived his right to appeal, then, of course, the court of appeals could only exercise its appellate jurisdiction to dismiss the appeal under Rule 25.2(d).”
  • a statement relating the declarant’s state of mind may be admitted if the declarant’s state of mind is relevant to a fact at issue in the case and its probative value must not be substantially outweighed by its prejudicial impact

Source: CourtListener parenthetical corpus (CC0).

Judges: Joseph M. Tipton

Read full opinion on CourtListener

Cited by

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

Cites

15 cases in this archive are cited by this case.

Other cases with this name

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.