Archive for July, 2008
New TCCA Cases Released
Here is a summary of new decisions from the Tennessee Court of Criminal Appeals: HIGHLIGHTS: Evidence that the Defendant performed poorly on field sobriety tests supports his conviction for DUI, regardless of Defendant's testimony that he was uncoordinated and could not perform the tests even when sober - State v. Spiva [...]
Recent Successes – One Year Probation on School Zone Charge
State v. W.C. July 21, 2008 W.C. was charged with criminal trespass, and while being cited, was found to possess a felony amount of marijuana within 1000 feet of a public library. As charged, W.C. faced a Class D felony at 100% service, which means that if convicted, he faced up to 4 years in jail with no chance at parole. We were able to [...]
Thin and Free
From the chronicles of the bizarre near Houston, Texas The vent was less than a foot wide, and authorities said Darryl Layne Norris had been losing weight since arriving at the Waller County Jail in April. "We just found out he's been slimming down a lot recently," Waller County Sheriff Randy Smith said. I do understand that prison food will [...]
BREAKING John Ford Guilty on All Counts
A federal jury has found former Tennessee State Senator John Ford guilty on all counts.
Recent Successes – Six Year Sentence Suspended
State v. J.D. July 16, 2008 J.D. had initially pleaded guilty to a robbery charge, and had been sentenced to 6 years on probation. He had violated his probation previously, and had been forced to serve a portion of his 6 year sentence. We advised J.D. to address his drug problem and life issues by completed the Lifelines program at the [...]
Search Warrants, Walls and All
According to the federal court in the Eastern DIstrict of Tennessee, a search warrant for drugs in "the entire premises" includes, indeed, the entire premises. From the Fourth Amendment blog Finally, the Becker court stated that while destruction of property in carrying out a search is "not favored," reasonable destruction of property does not [...]
The Right to Say No
Indeed, this a right everyone should no. Very little can be gained from being initially overly cooperative with the state (eventual cooperation, with a defined benefit, can be helpful later). This is a hard fact for some people to comprehend, especially after a series of empty promises from a smooth talking detective who you now may believe is [...]
Tennessee Opinions Released July 10, 2008
STATE OF TENNESSEE v. ANDRE DOTSON Corrected Opinion Court: TSC Attorneys: William G. Gosnell, Memphis, Tennessee, for the appellant, Andre Dotson. Robert E. Cooper, Jr., Attorney General & Reporter; Michael E. Moore, Solicitor General; and David H. Findley, Assistant Attorney General for the appellee, State of [...]
DUI Defense in Tennessee – Know Your Fifth Amendment Rights
It is particularly easy to get oneself convicted of a DUI nowadays. A 0.08 BAC, which is now the law, takes very little alcholic intake to achieve. But, one should never forget, the only way the state can get that particular bit of evidence against you is for you to allow them to get it. In short, DUI's are significantly easier to defend if you [...]
Reaching to the Small of One’s Back Constitutes Reasonable Suspicion in the 6th Circuit
The Sixth Circuit, of which Tennessee is a part, has held that reaching to the small of one's back in a high crime area constitutes reasonable suspicion, and gives law enforcement the right to temporarily detain you. From United States v. Pearce, 2008 U.S. App. LEXIS 14187, 2008 FED App. 0240P (6th Cir. July 3, 2008): Officer Johnson [...]
Recent Success – Only 10 Days in Jail – Could Have Received 11 Months and 29 Days
State v. J.M. July 1, 2008 J.M. was caught removing materials from a construction site. He also had a lengthy record of approximately 30 prior misdemeanor convictions. After negotiating with the State, we were able to help J.M. receive only 10 days in jail. With the time he had already built up, he was released the next day.
Recent Success – Client’s Probation Violation Retired – Probation Reinstated
State v. L.O. July 1, 2008 L.O. was on supervised probation for reckless aggravated assault. He was rearrested on a criminal trespass warrant, and pleaded guilty and was sentenced to nine days in jail. After reviewing the new charge, it became clear that L.O. should never have been arrested in the first place. He was sleeping in an [...]
