Election of Offenses Properly Made
In a criminal trial, where evidence is presented of multiple separate acts, any of which could satisfy the elements of a particular charge, the State is required to clarify for the jury which particular acts the State is relying upon to prove the necessary elements of a charge. This is called election of offenses. Its
Evidence Sufficient to Support Sexual Battery Conviction
Sufficiency of the evidence of a criminal conviction can be and often is reviewed on direct appeal of that conviction. However, the appellate court does not reevaluate what facts should have been believed or rejected by a jury. It is the function of the jury to make factual determinations from the evidence presented. An appellate
120 Days in Jail For First Offense DUI Upheld on Appeal
Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person’s first conviction of that crime. However, that doesn’t mean it isn’t serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and
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
Certified Question of Law Must Be Specific
A certified question of law is a specific and limited appeal of a legal issue in a criminal case. It may arise where a criminal defendant, after having lost a pre-trial motion on a critical piece of evidence, proceeds to plead guilty, with the agreement of the state and the trial court that the certified
Double Jeopardy is Not Implicated by Pre-Trial Bond Detention
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution (applied to the States through the Fourteenth Amendment) protects against being charged or punished twice for a single offense. In criminal cases, questions sometimes arise as to whether a particular criminal charge or procedure violates double jeopardy protection. In the recent Tennessee
Post-Conviction Relief is Not Available for Expunged Charges
In Tennessee, a person who has pled guilty to a crime may seek post-conviction relief from that judgment of conviction, within one year of the judgment becoming final. In the recent case of Rodriguez v. State, M2011-01485-CCA-R3-PC (Tenn.Crim.App. 1-7-2013), the Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before