September 2012

College students alcohol consumption has taken a new low. Several members of the Pi Kappa Alpha were cited for underage consumption of alcohol at UT Knoxville. It seems several members of the fraternity engaged in butt-chugging . Butt-chugging is where a tube is inserted into the anus and then alcohol is funneled rectally. Knoxville police

The U.S. Supreme Court agreed to hear a case on whether the police can seize a blood sample of an accused DUI driver based upon exigent circumstances. In Missouri v McNeeley , a police officer took an accused’s blood sample without a search warrant. The government’s theory was there was an exigent circumstances for the

The United States Court of Appeals for the Ninth Circuit is scheduled to reconsider today whether California violates the Fourth Amendment’s prohibition against searches and seizures by requiring police to take DNA samples from those arrested but not yet convicted. California’s law is designed to accurately identify those arrested , solve crimes , and exonerate

In the past several weeks , I have read two articles on what to eat during trial. It is interesting to note that both suggested a high protein diet during trial. The first suggestion that I read was a discussion of having a healthy trial. In some cases , lawyers rush back to their offices planning

The case of a former FBI agent convicted of wire and bankruptcy fraud is being remanded to the Federal District Court here in Nashville to make a ruling on racial bias during jury selection. Darin McAllister was convicted in 2010. However , the prosecutor used two of his peremptory challenges to excuse to black jurors. The first juror was excused because of a criminal conviction. In the case of the second black juror that was excused , the court did not make any findings of as to whether McAllister established the existence of purposeful race discrimination in the selection of his jury.

In Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment guarantees the defendant that the state will not exclude members of the defendant’s race from the jury venire on account of race, or on the false assumption that members of the defendant’s race , as a group are not qualified to serve as jurors.Continue Reading Racial Bias During Jury Selection

I had not followed the Drew Peterson murder trial until a friend asked me if I thought he was guilty. I did not know much until the verdict came down. It appears some hearsay evidence persuaded the jurors to return a guilty verdict.  A new rule of evidence was passed in 2008 which allowed some