Appellate Court Declines Judicial Notice of State Fair Date
Judicial notice allows a court to accept the truth of a fact without that fact having to be specifically proven by evidence presented in court. This usually pertains to facts so well known that they cannot reasonably be doubted. An often used example is that judicial notice may be taken of what day of the
Evidence Sufficient to Affirm Conviction for Rape of a Child
In a criminal trial with conflicting evidence, it is the role of the jury to resolve the evidentiary conflicts and arrive at a conclusion as to guilt or acquittal. On appeal, appellate courts do not consider whether they agree or disagree with the jury’s resolution of conflicting facts and evidence. Appellate courts review to determine
Supreme Court rules on warrantless blood tests
There are many different tools and methods police use in their enforcement efforts against drunk driving. One tool police sometimes use in such efforts are blood tests to determine an individual’s blood alcohol level. A question arose in connection to such tests: do police need a warrant to conduct such tests? In a recent decision,
Vehicular homicide charge brought against 3 Doors Down bassist
Recently, a rock musician has been accused of having caused a fatal car accident in Tennessee. The musician in question is 3 Doors Down bassist Todd Harrell. Reportedly, last Friday, Harrell was driving a car along an interstate in Nashville. Allegedly, Harrell then clipped a pickup truck. This impact reportedly caused the pickup truck to
Multiple Offenses Against a Minor Lead to a Sentence of 174 years
When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not
DUI allegations leveled against University of Tennessee pitcher
It can be a very serious matter when an underaged individual is accused of drunk driving. Such an allegation can lead to an underaged individual facing criminal charges, such as DUI charges and underage drinking charges. Impactful criminal punishments can be given to an individual if he or she is convicted of such charges. There
Sexual Exploitation of a Minor Conviction Affirmed
In Tennessee, the crime of sexual exploitation of a minor is committed by the knowing possession of child pornography. Generally the crime is a class D felony, which, for a standard offender, carries a range of punishment of two to four years. But if there are more than fifty images, it is a class C felony. And
Police officer in Tennessee accused of DUI
A DUI case has recently arisen in Tennessee that involves a police officer. Reportedly, over the weekend, the officer was driving through a work zone that was on a road in Tennessee. The officer was off-duty. Authorities allege that the officer was driving while intoxicated and also was speeding. Police arrested the officer in relation
Alternative Sentencing Denied in Vehicular Assault Case
Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings
Coram Nobis Claim Based on Judicial Misconduct Denied
A petition for a writ of error coram nobis is a post-trial petition seeking relief from a criminal conviction based upon newly discovered evidence relating to matters litigated at trial. It is an extraordinary procedural remedy available only where there is newly discovered evidence which was not available in prior proceedings, and which may have