Month: December 2013
Army captain charged with vehicular homicide, killing private
An Army captain was recently charged with multiple DUI-related charges in a fatal crash in Tennessee. According to authorities, he hit and killed an army private who was on foot at the time. The captain then allegedly fled the scene. He now faces vehicular homicide, among other charges. Though it was not immediately clear why the
Invocation of Right to Counsel Must Be Unequivocal
When a person invokes a right to counsel, a pending criminal interrogation must stop unless the person initiates further conversation with the police. But to be effective, an invocation of the right to counsel must be unequivocal. An equivocal reference to counsel, whether made before or after being advised of constitutional rights, does not require the interrogation
Invocation of Right to Counsel Must Be Unequivocal
When a person invokes a right to counsel, a pending criminal interrogation must stop unless the person initiates further conversation with the police. But to be effective, an invocation of the right to counsel must be unequivocal. An equivocal reference to counsel, whether made before or after being advised of constitutional rights, does not require the interrogation
1 dead, 4 injured, man charged with vehicular homicide
A man was involved in a fatal crash in Tennessee recently. According to authorities, he was crossing a bridge and in an attempt to pass a slower vehicle, he drove his pickup truck across the center lane and into oncoming traffic, causing him to collide head-on with another vehicle. The three occupants traveling inside that
Vehicular homicide and more charged against Tennessee man
A man was involved in a fatal crash in Tennessee recently. According to authorities, he was speeding when he failed to stop at a stop sign, which prompted him to collide with another vehicle. The man driving the second vehicle suffered serious injuries and unfortunately was pronounced dead on the scene. The first man has
Counsel Not Ineffective For Not Using an Expert Witness
Ineffective assistance of counsel in the original trial or appeal is an often asserted claim when people convicted of crimes are attempting to gain retrials through the statutory post-conviction process. Because effective assistance of counsel in a criminal trial and direct appeal is a constitutional right, having ineffective counsel during those proceedings is a constitutional
Flipped car on I-440 results in drunk driving charge
Residents in Tennessee know that being convicted of a DUI can have lasting effects. From facing hefty fines to potentially serving a jail sentence, the consequences are serious. A driver who recently crashed his car is now facing a drunk driving charge. According to witness reports, the accused was driving in the wrong direction on I-440 in
Minor violation stop leads to a drunk driving charge
Alcohol can impair judgement just enough to lead to unfortunate and perhaps costly mistakes. However, just because an individual is accused of driving while impaired doesn’t mean that they are actually guilty of the charge. If the authorities allegedly notice a safety violation and pull a driver over, they may notice indications the driver might
Minor violation stop leads to a drunk driving charge
Alcohol can impair judgement just enough to lead to unfortunate and perhaps costly mistakes. However, just because an individual is accused of driving while impaired doesn’t mean that they are actually guilty of the charge. If the authorities allegedly notice a safety violation and pull a driver over, they may notice indications the driver might