Someone asked me today to get some documents so we could review a case.The problem is under Tennessee law, you are not entitled to anything to discover what evidence the State of Tennessee has in it’s possession.
Here is a short list of what you don’t get;
- No video evidence.
- No arrest reports.
- No witness statements.
- No field sobriety testing reports.
- No motion of discovery.
- Taped confessions.
The list goes on. In fact , Rule 16 of the Tennessee Rules of Criminal Procedure does not apply in General Sessions Courts in Tennessee. Why ? Because the rule makers say so.
What are you entitled to get ? You only get what you can get yourself. Most attorneys get the warrant. One can get the arrest warrant because it is a public record.
The question is how can one decide to settle ones case with limited information. Is it time to have some basic information disclosed at the General Sessions Court level ?