State v. Nixon’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Defects which may be challenged at any time during the pendency of the proceedings include objections which challenge lack of jurisdiction in the court and those objections contending that the indictment failed to charge an offense. `Lack of jurisdiction' refers to subject matter jurisdiction which a defendant has no power to waive. . . . "However, certain defects in the indictment must be raised prior to trial, or will result in waiver. See Tenn. R.Crim.P. 12(f); State v. Kennedy , 649 S.W.2d 275 , 279 (Tenn.Crim.App. 1982). This category includes all objections or defects in the indictment other than those included in the first category. Included within this class are defects in the indictment that go to matters of form rather than substance. These statutory requirements include, in part, failure of the district attorney general to sign the indictment, the identity of the person charged, the time at which the offense was committed, and the place of the offense. See Tenn. Code Ann. § 40-13-203 , -207, -208 (1990). Jurisdiction over the person falls within this category of defects. The omission of the defendants' names in the body of the indictment neither relates to subject matter jurisdiction nor failure to allege an offense. Thus, the defendants, by failing to object to the defect prior to trial, have waived this issue. See Tenn.R.Crim.P. 12(b)(2); 12(f)."”

   1 later decision quote this exact passage
   e.g. 961 So. 2d 181 - Ex Parte State

2. “[t]he omission of the defendants' names in the body of the indictment neither relates to subject matter jurisdiction nor failure to allege an offense,”

   1 later decision quote this exact passage
   e.g. 860 So. 2d 367 - Finney v. State

3. “[s]ince the defendants were named on the cover sheet . . . it is clear that they were the persons referred to in the body of the indictment”

   1 later decision quote this exact passage
   e.g. 860 So. 2d 367 - Finney v. State