December 2010

                                               

One way to avoid a drunk driving arrest on New Year’s Eve is to call  sober ride.The 26th annual Sober Ride Project begins at 10:00 P.M. and lasts until 2:A.M. on New Year’s Eve.Each year about 150 Davidson County Sheriff’s Office  employees will give up their New Year to provide safe and sober rides.

                                            

Today , I had a case in the General Sessions Court for Maury County Tennessee at Mount Pleasant. I had a client that was charged  by the Spring Hill , Tennessee Police Department for theft , shoplifting , simple possession of marijuana , and felony evading arrest.As I was driving down , I was

                                      

After a little holiday break , The McKinney Law Offices  is  back to work. Today’s post  is based upon  The Tennessee Supreme Court’s  clarification of the crime of tampering with evidence. Under Tennessee criminal law , tampering with evidence is a felony.

Here’s what the State of Tennessee has to prove in a

                                         

This could be one of the severe effects of alcohol on the human body.However , I ran across a chart which spells out the effects of alcohol on the human body.

Progressive effects of alcohol
BAC (% by vol.) Behavior Impairment
0.010–0.029
  • Average individual appears
    normal
  • Subtle effects that can be
    detected with special

Seattle Trial lawyer Paul Luvera wrote an excellent post on his thoughts of being a plaintiff’s lawyer. I thought his commentary applies to criminal defense lawyers as well.Here is his two points and with some of his observations ;

  1.  We must be willing to fight for what we know to be right.

Criminal defense lawyers must be willing to fight the fight for the clients. We must defend the Constitution in every case or watch it be eroded with each opinion from an activist court.

Our 26th President, Theodore Roosevelt gave a famous speech at the Sorbonne in Paris April 23, 1910 which became known as the "the man in the arena" speech. He told the audience:

"It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes up short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat"

2. We must have dogged determination in the face of adversity

The key to achieving success for our clients lies in overcoming adversity with dogged determination. Calvin Coolidge was the 30th President of the United States. He once wrote:

"Nothing in the world can take the place of persistence. Talent will not; nothing is more common then unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. The slogan "press on" has solved and always will solve the problems of the human race"

Continue Reading Thoughts About Our Role As A Criminal Defense Lawyer

Jill Cecil Wiersma  reported on the rise of domestic violence cases in Williamson County , Tennessee.Here’s the data;

  • Spring Hill , Tn. Police report over 189 verbal or physical assaults this year.Domestic violence charges are the number one crime surpassing auto burglary.
  • Brentwood ,Tn Police report 45 domestic violence charges.
  • Franklin , Tn. Police department

                                  

Felix Booker had a body cavity search that tests the limits of search and seizure law.  Mr Booker was lying naked on a gurney, breathing out of a tube, and medically paralyzed while a medical doctor searched his rectum.  Mr. Booker was stopped in a routine traffic stop and arrested. Oak Ridge Police suspected

                                      

Can you consent to a police search of your car or home under Tennessee law.The answer is yes.

Consent is a well recognized exception to the search warrant requirements of both Article I section 7 of the Tennessee Constitution and the Fourth Amendment of the United States Constitution. The key is a valid consent

                                       

My trial tip of the day is to have a single or limited theory of the case. In a drunk driving (DUI) case , there are many defense theories that may be available.Pick the strongest and stay with it. Here is an example.Today , I had a case where there were two key issues.The strongest point

                                             

When does your Miranda rights become effective ?.The general rule is that once you are placed into custody you Miranda rights against self incrimination  begin.Custody is usually defined as once you have been placed under formal arrest. However , custody is not always a black and white issue.

The Tennessee Supreme Court has