Case Citator › State v. Anthony

State v. Anthony

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

Overruled
Court
Supreme Court of Tennessee
Citation
817 S.W.2d 299
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
2012
Overruled
A reviewed court has overruled this case. State v. Anthony was overruled: all 43 flagged citations have been read, and the confirmed treatment is listed below. State v. White ended Anthony's separate appellate due process review of a kidnapping conviction accompanied by another felony.
More on how this was screened

Under White, a properly instructed jury decides whether the confinement has significance apart from the accompanying offense, and an appellate court reviews the evidence for sufficiency. Later opinions chiefly report White's ruling.

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.

43 later cases cite State v. Anthony; 43 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. Anthony?

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

Overruled

  • The Supreme Court of Tennessee expressly overruled Anthony's separate appellate due process test for kidnapping convictions accompanied by another felony, assigning the incidental confinement question to the jury instead.

    State v. White · Supreme Court of Tennessee · filed

    The separate due process test articulated first in Anthony, and subsequently refined in Dixon and its progeny, is, therefore, no longer necessary to the appellate review of a kidnapping conviction accompanied by a separate felony. To be clear, Anthony and the entire line of cases including a separate due process analysis in appellate review are expressly overruled.
    Read the full opinion on CourtListener →

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