Over the last few days , I have been thinking about the inequalities in the Tennessee criminal justice system . Most cases are misdemeanor cases and can be resolved in General Sessions Court. However , you are not entitled to receive information about your case which is commonly known as discovery . Since the vast majority

In the upcoming August election  , the most important election is whether to retain the Tennessee Supreme Court Justices . Why is the retention election important ? The battle over the current members of the Supreme Court is really an attack on our system of judicial fairness. Lt. Governor Ron Ramsey has declared war on the judicial

Recently , I was faced with a question of whether an attorney-client privilege extends past death . First , I would like to thank the folks at the Tennessee Board of Professional Responsibility for helping me on this issue.

Rule of Professional Conduct 1.9(c) prohibits a lawyer from revealing information relating to representation of a

I know the headline is provocative in that it questions whether prosecutors should be a criminal court judge. I appear before several judges who are former prosecutors . I believe most are fair and impartial. However , some former prosecutors appear to have difficulty in being a impartial judge. Let’s face it . It is a natural

The Tennessean’s, Frank Daniels, III, wrote a recent opinion piece on The Tennessee Plan for judicial selection. Mr. Daniels urges Tennesseans to push for the right to popularly elect judges. Currently, the Supreme Court, the Court of Appeals, and the Court of Criminal Appeals are not elected by popular vote. I do not know if Mr. Daniels has

Here is a follow up to yesterday’s post on the proposed law to allow open carry of firearms in Tennessee. Currently, T.C.A 39-17-1307 makes it illegal to carry a handgun at a place open to the public where one or more persons are present. It is currently a Class A  misdemeanor and a punishment of up

Senator Mae Beavers led the passage for one of the dumbest laws ever passed by the Tennessee Senate. The Open Carry Firearms Freedom Act  would allow a person to openly carry a firearm around the streets of Tennessee . No more of those pesky handgun permits where your criminal record is checked . No more

In Davidson County and Rutherford County , there are contested elections for the office of District Attorney. Some voters just have a vague notion of what the duties are of the District Attorney. I have a confession to make, even though I have been practicing criminal defense law since 1994, I never read what the statutory duties are

Arrested in Nashville, Tennessee? One of the routine procedures in the booking process is taking a mug shot.  Here in Nashville, your picture appears in a magazine called Busted where all your friends can see your picture.  Some newspapers even publish the mug shots like The Expositor in Sparta, Tennessee. The New York Times ran a story on

All good trial lawyers have a theme for a trial. A theme gives a core to build your facts around. A theme gives the jury something to grab and hold. Should you have a theme for you argument at the  Court of Criminal Appeals ?

First , all criminal defense lawyers don’t really like appellate