Evidence of a Prior Consistent Statement is Sometimes Admissible
In a criminal trial, testimonial evidence from witnesses is presented by the witness’ live testimony at trial, subject to cross-examination by the opposing party. Generally, a prior (out of court) statement of a witness consistent with the witness testimony is not admissible to bolster the credibility of the testimony. There are exceptions to this rule
Evidence Sufficient to Convict of Sexual Battery by an Authority Figure
The Tennessee crime of sexual battery by an authority figure involves unlawful sexual contact with a person age thirteen through seventeen, accomplished by using legal, professional, or occupational status placing the offender in a position of trust, supervisory, or legal authority over the victim. Tennessee Code Annotated, Section 39-13-527. On appeal of the Defendant’s conviction for this crime in
Misunderstanding of Sex Offender Probation Doesn’t Invalidate Plea
Sex offender probation requirements are generally more extensive and rigid than the typical probation requirements for other criminal convictions. Rules regarding where the probationer may live and work and what activities a probationer may engage in are generally more restrictive. A sex offender probationer’s access to the Internet may be prohibited or restricted. Failing to properly
Boy Scout Connection Did Not Require Judicial Recusal
Judicial recusal is appropriate when there is a reasonable basis to question a judge’s impartiality. Defendants in criminal cases have a right to an unbiased, impartial judge. In the recent case of Brennan v. State, M2012-00187-CCA-R3-PC (Tenn.Crim.App. 12-4-2012), a defendant who had pled guilty to incest and attempted rape of a child, and received a total effective sentence
Defendant’s Guilty Plea to Child Pornography Charges Valid
A Criminal Defendant who has entered a guilty plea and later believes that he was coerced or that he received ineffective assistance of counsel (which could be receiving bad legal advice or insufficient legal advice regarding the charges and the consequences of the plea) may file a post-conviction petition with the trial court to seek
Sentence Based on “Professional Criminal” Factor Upheld
When sentencing a defendant found guilty of multiple crimes, a trial court must not only determine the specific sentence for each crime, but also determine whether those sentences should be served at the same time or stacked consecutively. A few crimes and circumstances require consecutive sentencing. But in many cases, the decision is left to the
Court Affirms Eight Year Prison Sentence For Vehicular Assault
Vehicular Assault is a Tennessee felony offense committed when a person, as a result of intoxication, causes serious bodily injury to another person by operating a motor vehicle. It is often charged, along with DUI, when an impaired driving incident seriously injures someone else. Depending on the facts and circumstances of the case, the outcome of
Trial Court Has Wide Discretion in Weighing Sentencing Factors
Since the 2005 amendments to the Sentencing Act in Tennessee, trial courts were afforded expanded discretion in the consideration of enhancement and mitigating factors and in selecting a sentence within the appropriate statutory range for a criminal offense. In addition to no longer requiring enhancement factors to impose a sentence anywhere within the statutory range, the Sentencing
Post-Trial Request for DNA Testing Must Meet Statutory Criteria
DNA evidence can be critical evidence in a criminal case. In recent decades, advances in biomedical technology has led to the capability to ascertain information from biological evidence which could not be ascertained before. So, when collected and preserved, Tennessee law allows for post-trial testing of available DNA evidence if the results could have been helpful
Alternate Theories of Innocence and Necessity Are Permissible
There is a statutory defense of necessity which can be asserted as a defense to criminal conduct where applicable. It can be asserted where the conduct in question was arguably necessary to prevent or avoid some more serious imminent harm. And as the Court of Criminal Appeals noted in the recent DUI case of State v. Medley, E2012-00646-CCA-R3-CD