Case Citator › State v. Burns

State v. Burns

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

Limited by some courts
Court
Supreme Court of Tennessee
Citation
6 S.W.3d 453
Decided
Confirmed treatments
1
Flagged citations read
54 of 54
Citing cases (total)
54
Treatment dates
2003
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. Burns remains authoritative on its lesser-included-offense test, with a confirmed limit on retroactive application listed below. All 54 flagged citations have been read.
More on how this was screened

The Tennessee Supreme Court held in State v. Howard that the 2009 statute did not abrogate part (b) of the Burns test, rejecting two earlier intermediate court readings to the contrary. The remaining limitation concerns a post-conviction case whose direct appeal ended before Burns was decided.

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.

54 later cases cite State v. Burns; 54 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 v. Burns?

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 Tennessee Court of Criminal Appeals held that Burns did not apply retroactively to this post-conviction case because the direct appeal ended before Burns was decided, despite a later sentencing appeal.

    Delbert Lee Harris v. State of Tennessee · Court of Criminal Appeals of Tennessee · filed

    Accordingly, we agree with the State that in the instant case, Trusty is the applicable standard and Burns does not apply retroactively to the petitioner’s case.
    Read the full opinion on CourtListener →

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