Case Citator › State v. Trusty

State v. Trusty

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

Overruled in part
Court
Supreme Court of Tennessee
Citation
919 S.W.2d 305
Decided
Confirmed treatments
2
Flagged citations read
52 of 52
Citing cases (total)
52
Treatment dates
1999–2010
Overruled in part
A reviewed court has overruled part of this case’s holding. State v. Trusty was overruled in part; all 52 flagged citations have been read. The two confirmed treatments are listed below.
More on how this was screened

The Tennessee Supreme Court rejected Trusty's separate rule for lesser grade offenses in State v. Dominy. A later intermediate court questioned Trusty's treatment of adequate provocation as a separate element but left that issue undecided. Trusty's rule against conviction for an uncharged offense that is neither a lesser included offense nor a lesser grade offense was not itself overruled by Dominy.

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.

52 later cases cite State v. Trusty; 52 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. Trusty?

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 in Part

  • The Tennessee Supreme Court overruled Trusty's rule allowing instructions and convictions for lesser grade offenses distinct from lesser included offenses.

    State v. Dominy · Supreme Court of Tennessee · filed

    For the reasons herein stated, we overrule Trusty to the extent that it requires jury instructions on “lesser grade” offenses and permits convictions of “lesser grade” offenses.
    Read the full opinion on CourtListener →

Questioned

  • The Court of Criminal Appeals suggested reconsidering Trusty's description of adequate provocation as a separate element, but did not decide that issue.

    State of Tennessee v. Joshua Lynn Parker · Court of Criminal Appeals of Tennessee · filed

    We note that our supreme court called the adequate provocation requirement a separate element. See State v. Trusty, 919 S.W.2d 305, 311 (Tenn. 1996), overruled on other grounds by State v. Burns, 6 S.W.3d 453 (Tenn.1999). Perhaps it is time ... to review whether passion upon adequate provocation should be considered a part of a lesser included mens rea, not a separate element. However, that issue is not before the court in this appeal.
    Read the full opinion on CourtListener →

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