Evidence Sufficient to Support Probable Cause for Arrest
Before a person may be arrested for a crime, there must be probable cause to believe that the person has committed a crime for which an arrest can occur. The information must be reasonably trustworthy. The information can be presented to a judge or magistrate who can then issue an arrest warrant. But police officers
Specific Date of Activity Not Needed to Obtain a Search Warrant
For a judge or magistrate to issue a search warrant, probable cause for the search must be first established. This is done within an affidavit filed in support of the request for the warrant. The affidavit must supply the facts supporting probable cause for a search. In the recent case of State v. Graves, E2011-02471-CCA-R3-CD (Tenn.Crim.App. 10-4-2012),
Vehicle Stopped for Speeding/ DUI Conviction Affirmed
In a recent Henderson County DUI case, (State v. White, W2011-02301-CCA-R3-CD (Tenn.Crim.App. 8-31-2012) the Defendant attempted to challenge a stop for speeding by using a land surveyor to analyze video, conduct measurements, and opine that the Defendant was not speeding. The surveyor noted power poles along the highway where the Defendant’s vehicle had been traveling, measured distances
Guilty of DUI by Circumstantial Evidence
The state has the burden of proof in any criminal case, including when the allegations are driving under the influence (DUI). But a jury may draw reasonable inferences from the evidence in finding an accused guilty beyond a reasonable doubt. They did so in the recent case of State v. Barham, W2011-02348-CCA-R3-CD (Tenn.Crim.App. 9-17-2012). In that case, the
DUI Charges Dismissed Due to Lost Video Evidence
The State has a duty to preserve evidence in its possession in a criminal case. When it fails to do so, consequences can range from simply a corrective jury instruction, to exclusion of some of the remaining evidence, or even dismissal of the criminal charges. In the recent case of State v. Merriman, M2011-01682-CCA-R3-CD (Tenn.Crim.App 2-17-2012), the Tennessee Court
Statement to Clergy Admissible Evidence in a Child Sex Abuse Case
Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege,
State Wins a Missing Evidence Appeal
In the previous post, the recent case of State v. Clark, E2009-01795-CCA-R3-CD (Tenn.Crim.App. 10-24-2011) was discussed regarding the search and seizure issue in that case. There was also a missing evidence issue. In addition to excluding evidence, the trial court also dismissed the indictment due to finding that other evidence which had been in the control
State Wins a Search and Seizure Appeal
Most appeals of search and seizure evidentiary rulings in criminal cases are appeals by a Defendant after a conviction. However, as these are legal rulings by a trial court, the State has the option of appealing a ruling excluding evidence. In the recent case of State v. Clark, E2009-01795-CCA-R3-CD (Tenn.Crim.App. 10-24-2011), the Tennessee Court of Criminal Appeals reversed
Conviction Reversed Due to Improper Use of Character Evidence
The Tennessee Rules of Evidence provide for limited circumstances under which a witness’ credibility may be attacked or supported by opinion or reputation. Evidence of a witness’ character for truthfulness or untruthfulness may be admissible. Before character for truthfulness is admissible though, the character of the witness for truthfulness must first have been attacked. Tennessee Rules
Sometimes Color Matters in Search Warrants
Search warrants must specifically describe what property is authorized to be searched. Ambiguity can render the warrant invalid. In the recent case of State v. Spivey, W2010-01853-CCA-R3-CD (Tenn.Crim.App. 9-19-2011), a search warrant described a home with tan siding at a particular address. The search revealed crack cocaine, a digital scale, and a handgun. The problem was that