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...] about The Reality of Child Porn & House Forfeiture
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 Case The … [Read more...] about Merger of Offenses
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 testify. A … [Read more...] about Right of Confrontation: Medical Examiners Report
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...] about Search and Seizure: Inevitable Discovery
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...] about How Do You Transfer Probation Supervision to Another State?
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...] about Election of Offenses
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...] about DUI Arrest
Panel tackles criminalal justice system in Tennessee For the first time in two decades, Tennessee lawmakers want to take a hard look at the way the state punishes criminals. All seem to agree that the current system is broken. The Tennessee … [Read more...] about David Raybin testifies in Senate Judiciary Committee on Sentencing Reform
Believe it or not, one of the most common questions clients ask me is: “What do I wear to court?” Just like in any other setting, people want to make sure they are dressed appropriately without being “overdressed.” In short, I usually … [Read more...] about What Do I Wear to Court?
If you are like most people, when you see a police car in your rear view mirror some level of anxiety will surface. Here are just a few tips that may help you should the blue lights come on: As soon as you see the “blue lights” Slow down … [Read more...] about What You Should Know During a Police Traffic Stop