Legal Opinion
City of White House v. Whitley
Tennessee Supreme Court
Decided October 12, 1998No. 01S01-9711-CH-00259PublishedCited by 22 opinions
1Opinion of the Court
*263OPINION
DROWOTA, Justice.
In this appeal, we are confronted with the question of whether Article I, Section 8 of the Tennessee Constitution precludes non-attorney judges from presiding over trials of criminal offenses which are punishable by incarceration.1 We have determined that individuals charged with a criminal offense punishable by incarceration are constitutionally entitled to have an attorney judge preside at the trial. However, this right may be waived in a manner consistent with the provisions of Rule 5(c), Tenn. R.Crim. P. The principles announced herein apply to (1) all cases tried…
2Cases cited17 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- In Re GAULTSupreme Court of the United States · 1967
- Powell v. AlabamaSupreme Court of the United States · 1932
- Argersinger v. HamlinSupreme Court of the United States · 1972
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3Cited by22 opinions
- State v. MixonTennessee Supreme Court · 1999
- State v. GomezTennessee Supreme Court · 2005
- Norma Faye Pyles Lynch Family Purpose LLC v. Putnam CountyTennessee Supreme Court · 2009
- State v. CulbreathTennessee Supreme Court · 2000
- Abdur'Rahman v. BredesenTennessee Supreme Court · 2005
17 more not listed; retrieve them via the Exa API.