The Jury Room Blog ran a great post today on  whether female stalkers are less likely to be violent than male stalkers. it is always assumed in domestic violence cases across Tennessee and elsewhere it is always the male that is the violent one. According to a study by Strand and McEwen that appeared in Psychological Medicine , that is a false assumption. According to the study , women stalkers are just as likely as male stalkers to be violent.If one is being stalked by a female who is a former romantic partner , there is a high risk of violence if you are the one perceived as ending the relationship.

Stalking should be taken seriously between both male and female stalkers.Could stalking by females make men more vulnerable to domestic violence charges when they try to deal with the issue without calling the police. Educating the jury could be difficult in the South when faced with convincing the jury that a man is just as much risk to be a victim of domestic violence as a women.

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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 defense and returned a guilty verdict.Ravi now faces prison and possible deportation.The New York Times reported Ravi turned down a plea bargain offer that would have required public service.

Here are a couple of thoughts why the kid defense did not work;

  1. Mr. Ravi did not take the stand to explain his conduct.
  2. Mr. Ravi gave videotaped testimony and admitted many of the facts of the case.
  3. Mr.Ravi tried to change electronic messages .
  4. It was alleged that Mr.Ravi tried to encourage a witness to change their testimony.

These facts indicate that the jerk kid defense would not work. The jury saw his taped interview, it had to be rebutted by his own testimony.

The biggest mistake was not accepting the plea bargain offer that was reported. The details were unclear but reports indicate it only included public service work.The risks of rejecting a plea bargain which avoids going to prison is always a gamble no matter how strong the defense.Being young and dumb is still a viable defense for youths charged with crimes , it appeared to the jury that Mr. Ravi may have been a little more sophisticated by his tweets.

 

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

 Several weeks ago , I had the chance to work with Nashville immigration lawyer Sean Lewis . Since Padillia v. Kentucky , it is critical that a criminal defense lawyer consult with a immigration lawyer before entering a plea bargain. Now under Rule 11 of the Tennessee Rules of Criminal Procedure , it is mandatory for the court to make an inquiry.In the case Sean and I worked on , we were able to hammer out a plea agreement that would not have any immigration consequences.

I asked Sean to do an interview on these important issue. This is the first of a three part series of interviews. The first is cases involving those under a temporary protected status . I hope you find the interviews helpful.

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 where were the posts . Where was I going to try next ? I missed it.  In the words of  The Terminator , "I’m back". I created a new category called outside the law which will give me an outlet to write about stuff I like .The first post is my burger review of The Pharmacy .

First time I tried to go it was slammed . Last Friday , I got in and grabbed a table. The vibe was vintage East Nashville . Hipster. Tres cool. The Pharmacy  wants to set itself up as a burger parlor , soda parlor , and a beer garden. It succeeds in all attempts .The backyard beer garden has my name on it for a future date nf a Friday afternoon of beer drinking .

I tried the Farm Burger . A eight ounce patty of Tennessee beef , country ham , egg ,and bacon with mustard . The condiments are extra . I asked the server what would be the best to go with the farm burger and he suggested just a simple slab of cheddar cheese . Confession. I like condiments. The crunch of an onion or pickle was needed. It was served on a bun from Provence . I thought the bun was squishy and took away from the burger .  Cooked medium . It was juicy and the meat was perfect. A hamburger is a mish mash of different ingredients that put together makes a great sandwich. The farm burger failed due to the bread and my choice of not ordering some condiments.

You had a choice of sides . I chose the tater tots. I did take a bite of my friend’s German potato salad . There was a star of the show . It was the milkshake. Since I had to work a little on a late Friday afternoon , I gave up the beer for a malted chocolate milkshake . One word describes it ,delish. I also sampled the root beer float which was equally good.

I definitely plan to go back and try a burger with the fixings. I give the farm burger as tried 3 out of 5 stars .

 

 

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 self incrimination several times in a judicial complaint. Judge Taylor is alleged of committing theft.

First , the Fifth Amendment does not cover most police interactions. So , you don’t have to give a statement to police at the scene of a traffic stop or consent to an interview by a police officer . The Fifth Amendments protects a person…. against being incriminated by his own compelled testimonial communications. To receive Fifth Amendment protection , a person’s statement or act must (1) be compelled (2) be testimonial ; (3) incriminate the person in a criminal proceeding.The protection enables a defendant to refuse to testify at a criminal trial or answer official questions put to him in any other  proceeding, civil or criminal, formal or informal where the answers might incriminate him in future proceedings.

So take a lesson from the judge and keep your mouth shut.

 

The ABA posted an article on the explosion of the use of cellphones that are being used to video police. It seems that average citizens are now video taping police officers in the performance of their duties.  A Boston man was arrested for video taping an incident where he thought police were using excessive force. Simon Glik was arrested for violating a state wiretap law. Later, the case was dismissed. In a civil rights case, Mr Glik brought the 1st U.S.Circuit Court of Appeals in Boston held that Mr. Glik had a constitutional right to video-record the police performing their duties.

“Our recognition that the First Amendment protects the filming of government officials in public spaces accords with the decisions of numerous circuit and district courts,” the panel wrote. The case went back to the federal district court and the parties are in discovery

Smart phones such as the iPhone have both video and audio recording abilities. So, can you record your conversations with police or video tape a police officer conducting an investigation? From the ruling in the Glik case, it appears so.

A police officer stops your car, should you record what he says? Often in most DUI cases, a police officer will assert that you are slurring your words. What evidence can you get or provide to counter that testimony? The answer is a recording.  What about the field sobriety tests?  Can a passenger video tape you walking the line?  One solution that would be an easy fix is for the Metro Nashville Police Department to install working video recorders on all patrol cars, not just the DUI officers’ cars.

Technology is changing our legal landscape in ways unimagined just years ago.The image below is a Maryland State Trooper whose image was captured on the stopped motorcyclist’s camera, which was on the motorcyclist’s helmet. The video was later posted on you tube.

 

 

Tennessee has a uniform driving under the influence (DUI) laws. However , the application varies from jurisdiction to jurisdiction. If you are convicted on DUI in Tennessee , Tennessee Code Annotated 55-10-403(p)(1) provides that a person convicted of a DUI shall report within 30 days to commence the sentence . Generally , you have 30 days to report to serve your sentence .

In the 23rd Judicial District , the court requires a multiple offender to report immediately . If you request to serve your time on weekends , you must first pass a drug test. The 23rd Judicial District is comprised of the following counties in Tennessee ‘ Cheatham, Dickson , Houston , Stewart , and Humphreys counties . So , make your plans before you enter a plea. The is one good thing for those charged in Ashland City , Tennessee . Work release is available as an option.