The Reality of Child Porn & House Forfeiture

You could lose your home to the government if police find illegal images on your computer. Every state is different, but in Tennessee any property may be seized by the state if it is “used in the commission of” an offense for exploitation of a … [Read more...]

Merger of Offenses

Case:   State of Tennessee v. Terrence Justin Feaster The Legal Issue Whether convictions for attempted voluntary manslaughter and aggravated assault should have been merged under due process principles. Facts of the Criminal Defense … [Read more...]

Right of Confrontation: Medical Examiners Report

Case:   State v. Thomas Lee Hutchinson Issue:   Can a medical examiner testify as to the contents of an autopsy report written by a different medical examiner? Facts:  One medical examiner prepared the autopsy report but did not … [Read more...]

Search and Seizure: Inevitable Discovery

Case:   State of Tennessee v. Thomas Lee Hutchison Issue:   Whether the inevitable discovery doctrine applied to the search of the defendant’s home. Facts:  Following a report of a shooting, officers entered the defendant’s home.  The … [Read more...]

How Do You Transfer Probation Supervision to Another State?

What happens where the probationer is going to be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state the client may not leave Tennessee until the other state has “accepted” … [Read more...]

Election of Offenses

Case:  State of Tennessee v. Courtney Knowles Issue:  Must a conviction be reversed when the State’s elected offense specified the wrong act for the date provided? Facts:  Defendant was tried for one count of rape of a child. The State … [Read more...]

DUI Arrest

Case:  State of Tennessee v. Mechelle L. Montgomery Issue:  Can an officer detain a DUI suspect for fifteen minutes without performing any DUI investigation to wait for additional information regarding an unrelated crime involving the … [Read more...]

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