Unlike some of the criminal law commentators on the Internet , I actually try cases , represent clients , and go to court . The next series of posts are some important issues that came up while in the courtroom last week .
The use of jailhouse telephone calls continue to be used as evidence against the accused. The
Mastering the Tennessee Rules of Evidence is one of the most crucial requirements of becoming a successful criminal trial attorney. Hearsay is one of the most difficult rules to grasp. The definition of hearsay is it is a statement , other than one made by the declarant while testifying at the trial or hearing offered
The Cheatham County Commission recently approved Sheriff Holder’s request to hire a new police officer to patrol Interstate 40 in search for drug traffickers. The officer will work in conjunction with the Drug Interdiction Crime Enforcement (DICE) unit . The drug interdiction unit is made up of officers from the Dickson County Sheriff”s Office and Humphrey’s
I started reading James McElhaney’s Trial Notebook. Mr McElhaney has written over the years on litigation for the American Bar Association. Here is his list for the essential qualities of winning attorneys ;
I attended an advanced sentencing guidelines training course today sponsored by the Federal Public Defender here in Nashville . It was a great program and thanks to the office for hosting the program. Here is a video on firearms sentencing that may be helpful. It was produced by the U.S. Sentencing Commission. I hope the video
Would you buy a new car without a owner’s manual ? Would you fly in a plane without the pilot knowing something about the plane ? Here is one reason you should not take the test . There is no owner’s manual for the breath test machine . Members of the Tennessee Bureau of Investigation (TBI)
One of the most basic ethical rules for lawyers is the attorney client privilege . It can not be violated by a any lawyer . Yet , the U.S. Attorney’s in Nashville office broke that rule while prosecuting a sex trafficking ring . It appears the U.S. Attorney’s Office intercepted over 300 private
The standardized field sobriety tests established by The National Highway Safety and Traffic Administration contains three tests. On this video , I am discussing the walk and turn test. Almost all police officers in Nashville,Tn. , Franklin , Tn. and all Tennessee Counties utilize this test in DUI investigations.
The police are looking for
The State of Tennessee must prove identity in every criminal case. A defendant may be identified in a number of ways from eyewitness identification , photographic identification , voice identification , and by forensic science such as DNA evidence .One of the least trustworthy methods is eyewitness identification . Eyewitness identification has been the
As the week winds down , I think back to a case from this week. My thought is the total abuse of the drug free school zone law here in Nashville ,Tennessee. Nashville’s a great place to live with schools and parks in most places in the county . Only problem is just driving by