Nashville Criminal Law Report : Nashville DUI Lawyer & Attorney : Rob McKinney Law Firm : TN Criminal Defense, Domestic Violence : Cheatham, Davidson, Montgomery Counties

Dwight Lewis of the Nashville Tennessean recently wrote about the need for a complete overhaul of the criminal justice system.Mr Lewis was addressing the federal system. However , the criminal justice system is in a shambles on the state level. You only have to look at the Tennessee State Legislature to find the problem.

The goal of a state legislator is not to help the public ,but to get reelected.So, everybody jumps on the get tough with crime agenda without any thoughts on how it effects the system.Two recent stories in The Tennessean illustrate the problem.

First, Gary Odom , a State Legislator from Nashville is proposing a new bill to revamp the sentencing laws that would require violent criminals to serve longer sentences.No copy of the bill has been provided .No details of funding were provided.When the sentencing laws were reformed in 1989 a commission was appointed and great detail and work was performed when The Sentencing Reform Act of 1989 was enacted.

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The fallout from the U.S. Supreme Court's decision in United Citizens v The FEC continues even at The State Of The Union Address. Retired Supreme Court Judge Sandra Day O'Connor weighed in on a controversial decision by her former colleagues.Nina Totenberg of NPR iinterviewed Justice O'Connor about the ruling.Justice O'Connor reminded us that our nation's founder's biggest issue it had with King George was the absence of judicial Independence.

In Alabama , a record amount of $ 14.5 million dollars was spent for a single judicial seat. The Court's ruling now opens the floodgates for judicial elections in Tennessee and elsewhere.Justice O'Connor opines " the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse".In striking down the ban on corporate contributions last week O'Connor further stated that " ignoring the role of special-interest money , particularly in judicial elections , is like ignoring an alligator in your bath tub".

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The Sentencing Law Blog reported on the U.S.Supreme Court's Order in Briscoe v. Virginia which I have discussed in previous posts. In Briscoe , The Court heard arguments in January of this year on the application of The Confrontation Clause as it relates to forensic evidence reports specifically in drug and DUI cases..It was anticipated that the Court may reverse itself from the opinion released in Melendez-Diaz v,. Massachusetts. A recap of the oral argument illustrated the problems and the issues within the Court. In a one paragraph Order , the Court vacated the decision in Briscoe v. Virginia without further comment.

My take is that the U.S. Supreme Court is a dysfunctional mess.

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Here's my list of five ways to a avoid being stopped for Drunk Driving in Nashville , Tennessee.

1. Avoid driving on Broadway and West End. They are the same street , but in Nashville we have multiple names for the same street. The  DUI Unit of the Nashville Metro Police Department sets up traffic enforcement near the I-440 access points.

2.Make sure Your headlights  and brake lights are operational.

3.Don't drive with expired tags.

4. Drive the speed limit.

5. Always drink responsibility , have a designated driver, or take a cab.

Be Safe.

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The verdict came in on Raynetta Dossett Leath's murder trial in Knoxville.Ms.Leath was found guilty of First Degree Murder.She will receive an automatic life sentence.

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A murder mystery is unfolding in a Knoxville Criminal Courtroom on the retrial of Ms. Raynella Dossett Leath. Ms. Leath's first murder trial ended with a hung jury when the jury could not reach a decision.Day Eight of the trial starts today.

David Leath was found dead of a gunshot wound in his bed. Ms. Leath's defense is that her husband committed suicide.However, a firearm's expert for the State of Tennessee testified at the first trial that the firearm was fired three times the day of Mr.Leath's death and it was the second shot that killed Mr. Leath.Knoxville criminal defense attorney James A.H.Bell offered proof that Mr. Leath was depressed and his health was poor.

The jury could not reach a verdict in her first murder trial in 2007.In closing Mr. Bell argued " If you believe Ms. Raynella murdered her husband you have to believe she is nothing but a serpent of Satan". This line did two things. It personalized his client by the use of her first name.Second, it used biblical imagery which works well in the South without violating the rules against quoting the bible in court.

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Laura Sullivan of NPR  just finished a three part report on the bail bond crisis in America. As a criminal defense attorney , I could not agree more with her conclusions.Ms. Sullivan reports in her article that Nashville Davidson County's jail is one of America's most overstuffed jails . The average daily jail population is 3,528 and it is at 107 % of capacity.

How does the bail bond system work in Nashville,Tn ? Once a defendant is arrested , a night court commissioner sets a bail bond. It is based in part on the nature of the crime and the defendant's prior criminal record as well as several other factors. Once the bond is set, the accused can pay the cash amount , obtain a property bond , get pretrial release, or hire a professional bail bondsman.

The Davidson County Sheriff's Office has a pretrial release program.If you qualify , one can be released without paying any of the bond amount.However, there are some fees that apply.A professional bail bondsman charges 10 % of the total bond plus an administrative fee.For example , the night court commissioner sets a bond of $10,000. You must pay a fee of $1000.00 to be released from the  Davidson County Jail plus a fee for the service.

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The DUI Unit in Nashville, Tennessee uses a breath alcohol test in most DUI arrests .The question is " Do you have a right to an independent blood alcohol test."  .Tennessee Code Annotated 55-10-4109(e) provides that a person tested for blood alcohol "shall be entitled to have an additional sample of blood or urine procured and the resulting test performed by any medical laboratory  of that person's own choosing and at that person's own expense." So , once you blow.You have a right to an independent blood test. Demand it.

If the police refuse to give you an independent blood test , what happens ? In Tennessee v.  Geselbracht , The Tennessee Court of Criminal Appeals upheld a trial court's dismissal of DUI charges based upon a refusal to allow the defendant his right for an independent blood test.The Court found that the police violate his his reasonable request to obtain evidence in his defense.

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I would like to thank Justin McShane for his comment on the case before the U.S. Supreme Court today.I think he is dead on in his prediction. However , Richard Friedman is arguing on behalf of Mr. Briscoe . Mr Friedman is a law professor and writes a blog on the Confrontation Clause. Check his blog for updates on the case as well as the briefs.

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On Monday January 11,2010, The United States Supreme Court hears arguments in Briscoe v. Virginia. The Court takes up the issue of confrontation rights of a defendant less than seven months after the Court  further expanded the defendant's  rights under the Sixth Amendment's Confrontation Clause in Melendez-Diaz v. Massachusetts. Lyle Denniston of The SCOTUS Blog reported that prosecutors claim the Melendez-Diaz ruling has caused a severe disruption in the criminal justice system especially in prosecuting illegal drugs and drunk driving cases.It appears the Court is poised to reverse Melendez-Diaz.

Melendez-Diaz held that a defendant's right guaranteed by the Sixth Amendment's Confrontation Clause required the government to allow the defendant to face his accusers.The case further held that forensic reports from crime labs could not be used at trial unless the lab technician or forensic scientist who prepared the report was available for trial.

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Tyler Smith , a star  player on Tennessee's basketball team, as well as three players were recently arrested for drug and weapons charges in Knoxville.Knoxville Police Department reported  that the four players were arrested after a traffic stop for speeding.According to the police report, officers smelled marijuana coming from the car.A police drug dog indicated the presence of drugs in the car.Police searched the car and found handguns, a bag of marijuana ,and an open container of alcohol.All were charged with possession of firearms and drug possession charges.

What is the legal importance of this case? It illustrates that passengers in a car can be charged with a crime even though they do not actually possess the drugs or weapons. In this case the weapons were found under the seat.The police arrested these players under the theory of constructive possession of drugs and weapons.

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What does Twitter and DUI checkpoints have in common ? Apparently , Twitter is being is being used to warn DUI drivers of the location of DUI checkpoints around the country. USA Today"s Chris Woodyard  reported that police around the country will be setting up DUI sobriety checkpoints or roadblocks in an effort to arrest DUI drivers.The police are complaining that Twitters are posting tweets of the location of the DUI checkpoints.

I have to confess that I thought Twitter was just a novelty even when I signed up.Now , Fresno , Ca. police reports it is a commonplace occurrence that drivers are tweeting so fellow drivers can avoid a DUI roadblock.One police officer admitted that his daughter send him texts of the locations of the checkpoints.

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