March 2012

Monsignor William Lynn is on trial in Philadelphia over felony charges of endangering children and conspiracy that he shielded sex abusers . It is thought to be one of the first trials in the nation on this theory of prosecution. The central theory of the state’s case is that Monsignor Lynn knowingly allowed priests who

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Our burger review this week took us back to East Nashville to Mad Donna’s. It was my first time there .It was a fun place with a open patio .I learned that it it is a popular brunch place on the weekends. I ordered a BAS burger which stands for bacon,avocado , and Swiss. 8 ounces of 100% Angus beef cooked to your liking.The typical sides to the burger were iceberg , a mealy tomato , and a red onion. I must admit that I like the red onion or a sweet onion. No grilled onions for me. I like the raw onion flavor. Toasted bun wrapped the burger. One interesting twist was the ranch dressing. Perfect foil to the avocado.Nothing special about the fries but they did offer sweet potato fries as well..

Vibe is great. I would have liked to have eaten outside but deferred. Price point was cool with a $24.00 tab for two burgers and drinks. Service was great with Reid .

Rating was three out of five stars.

By the way the photo was mine.Continue Reading Review of Mad Donna’s BAS Hamburger

Dharun Ravi  was convicted last week on invasion of privacy charge as well as other charges . His criminal defense team tried to portray him as a jerky kid that meant no real harm. Mr. Ravi was charged for videotaping his roommate with his computer and then posting about it on Twitter .The jury rejected that

Tomorrow is St. Patrick’s Day . Please drink responsibly and take a cab if you go out to a party . The Nashville Tennessean ran a story on the number of DUI roadblocks planned for St. Patrick’s day. The Tennessee Highway Patrol plans over 50 DUI checkpoints and drivers license checks over the weekend . Here is a short video on DUI roadblocks.Continue Reading DUI Checkpoints in Tennessee on St. Patrick’s Day

Rutherford County Tennessee Circuit Judge Don Ash issued two key rulings in the murder trial of Shanterrica Madden . First , the court issued a gag order . The Government moved the court for the gag order which would prohibit the attorneys from publicly discussing the case. The state asked for the gag order to "ensure the jury pool is not tainted " . It is unusual for a court to issue a gag order in most criminal cases.

The court had already granted a motion for a change of venue . A request for a change in venue is a written motion seeking to have the jury pool made up of folks from another county . It is most common in high profile capital murder cases where there has been intense pretrial publicity. Rule 21 of the Tennessee Rules of Criminal Procedure sets out the procedure. The court may change venue on the defendant’s motion or on its own initiative with the defendant’s consent. The key point that the court must consider when deciding the motion for a change of venue is when a fair trial is unlikely because of undue excitement against the defendant in the county where the offense was committed.

The Tennessee Criminal  Court of Appeals has adopted several factors the court can consider when granting a motion for a change of venue ;

1. The nature, extent, and timing of pretrial publicity.

2. The nature of publicity as fair or inflammatory.

3. The particular content of the publicity.

4. The degree to which the publicity complained of has permeated the area

from which the venire is drawn.

5. The degree to which the publicity circulated outside the area from

which the venire is drawn.

6. The time elapsed from the release of the publicity until the trial.

7. The participation by police or by prosecution in the release of publicity.

8. The severity of the offense charged.

9. The absence or presence of threats, demonstrations, or other hostility

against the defendant.

10. Size of the area from which the venire is drawn.

11. Affidavits, hearsay or opinion testimony of witnesses.Continue Reading Murfreesboro Judge Issues Gag Order In MTSU Murder Trial

The Pharmacy Burger Parlor and Beer Garden on Urbanspoon

Last year , I started reviewing the best hamburger joints in Nashville here at the Nashville Criminal Law Report . I had a ton of fun doing it , but I thought it might not be for a blog that was discussing serious criminal law issues. So, I discontinued the posts . Some people asked

Since I have  been a criminal defense lawyer , I still don’t understand why people accused of a crime talk to police officers or do not exercise their Fifth Amendment rights against self-incrimination. We should all follow the actions of a sitting Tennessee judge. Hawkins County Tennessee Judge James Taylor recently invoked his rights of