The Tennessean has recently published two articles on some questionable practices of the Davidson County. TN. grand jury. A grand jury’s main role is to determine if probable cause exists in order to return an indictment. The concerns were raised by the grand jurors themselves in their final report. One concern from my point of view
Evidence and Procedure
Can a Judge Rect a Plea Bargain Agreement ?
Plea bargains are how criminal cases are resolved today. Jed Rakoff wrote an article a few years ago on why innocent people plead guilty. Some statistics indicate that in 2013 97 % of all federal criminal cases were settled by a plea bargain agreement, In his article Mr. Rakoff discusses the evolution of the plea…
Rasing Bail Bonds To Keep The Poor In Jail
The Chattanooga Free Times reported on Hamilton County General Sessions Judges raising bail bonds on an those accused of a crime. It seems one of the General Sessions Judges raises a bail bond more than a one-third of the time.
First, we need to know the basics.
- Once someone is arrested, a bail bond is
Why Tennessee District Attorneys Should Provide Discovery In general Sessions Court
Under Tennessee law, one accused of a crime is entitled to request discovery if your case is in circuit or criminal court . Rule 16 of the Tennessee Rules of Criminal Procedure only apply in circuit or criminal courts . The rule requires the state to provide certain types of evidence to the defense if requested.
Abolishing the Grand Jury Part II
In a follow up to last week’s post on abolishing the grand jury process in Tennessee , Grits for Breakfast reported on a proposed bill in Texas on abolishing the grand jury in Texas. The grand jury process may be in jeopardy .
Should Tennessee Abolish the Grand Jury ?
Over the last two weeks , there has been more stories on the grand jury process due to two high profile cases. It got me thinking about the grand jury process in Tennessee . Should it be abolished ?
The grand jury was established to be another check to determine if there was sufficient probable…
The Duties of a District Attorney in a Tennessee Grand Jury
The grand jury process is but one of the checks and balances on the power of the government to make sure a criminal prosecution is fair. By now , everyone is familiar with the grand jury in Ferguson , Mo. This week, I watched some of the press conference by the prosecuting attorney. Practicing in…
Is a Subpoena Served Outside the State of Tennessee Valid ?
In yesterday’s post , I discussed whether an subpoena served via telephone was valid . In reading the rule , something else caught my attention. Is a subpoena served outside the of Tennessee valid ? Nashville is a great city to visit. Some folks might have a little too much fun on lower Broad and get…
Is a Subpoena Valid If It Was Served by Telephone ?
Last week a question was posted on a consumer website that allows lawyers to answer questions posted by people looking for information. First , please do not rely on answers from attorneys on websites as legal advice. The lawyers might not know all the facts or could be lawyers from another state. The question asked was…
Kenny Britt Records Police Officers
Troubled Titan’s wide receiver Kenny Britt now uses his smart phone to record the police when they question him. USA Today reported that a number of NFL players are now video recording their encounters with police officers. Britt is no stranger to the law having been arrested or facing charges since 2010. Britt now reports that…