Case Citator › State of Tennessee v. Susan Renee Bise

State of Tennessee v. Susan Renee Bise

Is it still good law? What later courts have actually done to this case.

Limited by some courts
Court
Supreme Court of Tennessee
Citation
380 S.W.3d 682
Decided
Confirmed treatments
2
Flagged citations read
66 of 66
Citing cases (total)
66
Treatment dates
2013
Limited by some courts
At least one reviewed court has limited this case’s holding to narrower facts or a narrower rule. No reviewed court has overruled it. State v. Bise is listed as limited: all 66 flagged citations have been read, and the 2 confirmed treatments are listed below. In 2013, the Tennessee Court of Criminal Appeals declined to extend Bise's abuse-of-discretion standard to consecutive sentencing.
More on how this was screened

The Tennessee Supreme Court later resolved that open question the other way in State v. Pollard, holding that Bise's standard also applies to consecutive sentences. The two listed refusals therefore describe an earlier stage of Tennessee law.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

66 later cases cite State of Tennessee v. Susan Renee Bise; 66 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State of Tennessee v. Susan Renee Bise?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Limited

  • The Court of Criminal Appeals declined to extend Bise’s new sentencing review standard to consecutive sentence alignment and retained de novo review for that issue.

    State of Tennessee v. Chad Medford · Tennessee Court of Criminal Appeals · filed

    Thus, under the holding in Bise, “[a] sentence should be upheld so long as it is within the appropriate range and the record demonstrates that the sentence is otherwise in compliance with the purposes and principles listed by statute.” Id. at 709. The Sixth Amendment considerations attendant to the trial court’s imposition of sentence length, however, are not implicated by the trial court’s decision regarding alignment of sentences. See Oregon v. Ice, 555 U.S. 160, 172 (2009); State v. Allen, 259 S.W.3d 671, 688 (Tenn. 2008) (ruling Sixth Amendment Blakely challenges inapplicable to consecutive sentencing). Consequently, until we are otherwise instructed by our supreme court, our standard of review when considering challenges to the alignment of sentences should remain de novo with a presumption that the determinations of the trial court are correct. T.C.A. § 40-35-401(d) (2006);
    Read the full opinion on CourtListener →

  • The Court of Criminal Appeals again confined Bise’s abuse-of-discretion review to sentence length and used de novo review for consecutive sentence alignment.

    State of Tennessee v. Daniel Ward · Tennessee Court of Criminal Appeals · filed

    That being said, “a trial court’s misapplication of an enhancement or mitigating factor does not invalidate the sentence imposed unless the trial court wholly departed from the 1989 Act, as amended in 2005.” Bise, 380 S.W.3d 706. Because the trial court otherwise complied with the Sentencing Act when imposing the nine year sentences, those sentences must be affirmed. The Sixth Amendment considerations attendant to the trial court’s imposition of sentence length are not implicated by the trial court’s decision regarding alignment of sentences. See Oregon v. Ice, 555 U.S. 160, 172 (2009); State v. Allen, 259 S.W.3d 671, 688 (Tenn. 2008) (ruling Sixth Amendment Blakely challenges inapplicable to consecutive sentencing). Consequently, our standard of review when considering challenges to the alignment of sentences remains de novo with a presumption that the determinations of the trial court are correct.
    Read the full opinion on CourtListener →

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