Month: February 2013
Evidence in Plain View Lawfully Obtained
Evidence obtained from a warrantless search is generally not admissible against a defendant in a criminal case unless one of the exceptions to the warrant requirement applies. Among those exceptions are a search incident to arrest, a search performed with consent, exigent circumstances, a brief ‘stop and frisk’ supported by reasonable suspicion, and evidence in
Alibi Witness Excluded Due to Lack of Notice
A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose
Alibi Witness Excluded Due to Lack of Notice
A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose
Statutory Rape Charges Are Not Required to Allege a Specific Date
In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the