Drunk driving charge brought against man after 2-car collision
Although a person may be driving under the influence that does not necessarily mean that the violator is responsible for a car accident that may have occurred. On Sept. 19 the Tennessee Highway Patrol arrested a 19-year-old man for drunk driving and underage consumption. They had been called to an accident at the intersection of Lafayette Road
Post-Conviction Limitations Not Tolled by Lack of Knowledge
There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner’s control prevented
Tennessee police arrest woman for drunk driving
A 28-year-old woman is facing several vehicular charges. She has been charged with violation of the due care law and drunk driving. The arrest came about after she had slammed her car into an official utility vehicle. The woman was held on a $2,000 bond in a Tennessee jail. According to authorities, the accident occurred in
Certified Question of Law Must be Dispositive to be Reviewable
Tennessee has a procedure under which a certified question of law may be reviewed on direct appeal even when a criminal defendant has pled guilty. But the requirements for properly preserving a certified question of law are strictly construed. It is not uncommon for Tennessee appellate courts to decline review due to concluding the requirements
Knox County driver charged with aggravated vehicular homicide
A recent three-car crash on a Knox County roadway left one person dead and several adults and children injured. One driver is facing charges that include aggravated vehicular homicide. Responders had to close down the John Sevier Highway in the area of Austin Park Lane for hours as they extricated patients and investigators sought to determine
Forfeiture Against Home Valid in Sexual Exploitation Case
Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a person. In the recent Tennessee case of State v. Sprunger, E2011-02573-COA-R3-CV (Tenn.App. 8-26-2013), the Court of
Tennessee man was charged with drunk driving after fatal accident
Alcohol use is a major part of American society. Though it is found acceptable and even enjoyable by some, driving under the influence is a modern taboo. Drunk driving is sometimes the cause of an accident, but a crash can also be just a mistake. Unfortunately, a car accident killed a woman in Tennessee, and
DUI case dismissed after video of failed sobriety test lost
The DUI charges against a Warren County woman were dismissed when the Tennessee Supreme Court upheld the ruling of the trial court that the missing evidence would prevent her from receiving a fair trial. The evidence in question was the video from the police vehicle that pulled her over for an improper lane change. According
Video Deposition Can be Permissible in a Criminal Trial
Depositions, though common in civil litigation, are not often part of a criminal trial or criminal discovery process in Tennessee. A conventional method of pre-trial discovery in a civil case, depositions are used only under exceptional circumstances in Tennessee criminal cases, and are only supposed to be used to preserve testimony for use at trial,
Video Deposition Can be Permissible in a Criminal Trial
Depositions, though common in civil litigation, are not often part of a criminal trial or criminal discovery process in Tennessee. A conventional method of pre-trial discovery in a civil case, depositions are used only under exceptional circumstances in Tennessee criminal cases, and are only supposed to be used to preserve testimony for use at trial,