“Leprechauns and Fairy God Mothers” Not Prosecutorial Misconduct
Prosecutorial misconduct may occur where a prosecutor in a criminal case makes in an inappropriate argument or improper comments during the opening or closing statements of a trial. Generally, a prosecutor must stick to the facts presented at trial and the question of guilt, and avoid arguments or statements meant to inflame passions or prejudices.
Vols O’Brien sentenced to community service for underage drinking
The Vols defensive lineman Danny O’Brien was recently arrested at a Knoxville apartment on multiple charges. The Knoxville police were called to the scene after the report of a disturbance at the domicile, and they discovered O’Brien along with seven other football players supposedly drinking and partying. O’Brien was charged with underage drinking as well as other
Crash leads to underage drinking allegation for Tennessee teen
DUI charges are often handled differently in juvenile and criminal courts here in Tennessee. However, what if the person accused of underage drinking is a legal adult? A 19-year-old woman who was recently involved in a serious single-vehicle crash could face severe criminal penalties if she is convicted. Following the Feb. 9 accident, she has been charged
Tennessee drunk driving charges may be dismissed
Understandably, prosecutors usually seek to convict suspects who are accused of drunk driving. Drunk driving is the cause for many dangerous and deadly car accidents in Tennessee. However, some suspects charged with driving under the influence may see their cases drop. An attorney has stepped in to possibly have DUI cases dismissed on grounds of conflict
Repeat DUI offender may get less jail time in Tennessee
Alcohol can play a role in helping someone to enjoy life from time to time. However, when a person makes the unfortunate mistake of drinking and driving, the potential consequences can result in a criminal record. Being caught driving under the influence multiple times can have even more severe legal consequences in Tennessee. Repeat DUI
Denial of Judicial Diversion Reversed in Reckless Homicide Case
Judicial diversion is a process by which a defendant in a criminal case, who acknowledges guilt of an offense, may still avoid a criminal conviction under certain circumstances. The defendant generally must have no prior criminal convictions and complete a probationary period which may include other requirements imposed by the sentencing court. At the successful
Drunk driving, driving under influence may mean Tennessee charge
When people hear the phrase “driving under the influence,” they often think of driving while under the influence of alcohol. However, in addition to engaging in drunk driving, a person can easily be under the influence of other legal drugs as well — namely prescription medication. Research shows that Tennessee actually has one of the highest
Man faces felony DUI charges in Tennessee
For many, drinking is an enjoyable time to unwind and not think about life’s stressors. However, when a person fails to consume alcohol moderately, he or she can quickly become intoxicated. Driving while under the influence of alcohol can certainly lead to legal consequences but deciding to do it more than once may result in
State Labeling Law Not Preempted by Federal Copyright Act
Federal preemption refers to when a state law is considered invalid because it attempts to regulate something a federal law exclusively controls. State governments have concurrent jurisdiction over many criminal matters with the federal government. But where state law conflicts with federal law on a subject within the power of Congress to regulate, the state law may
No Mens Rea Requirement for Driving on a Suspended License
Many crimes require the State to prove a mens rea, or “guilty mind” element before a person can be convicted of the crime. A mens rea or criminal culpability element ensures that a person is not guilty of the criminal offense unless the person had some degree of intent or knowledge that he or she was engaging in the