Last week , George Zimmerman had a hearing to reduce his bail bond . It was anticipated Mr. Zimmerman would make the request .The way in which he made the request was a terrific move on his lawyer’s part. In most cases , I do not put the accused on the stand at a bond
Murfreesboro Judge Issues Gag Order In MTSU Murder Trial
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
Does A Criminal Conviction Impact Your Immigration Status.
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
Use of Cell Phones Pose New Problems for Police
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.
Criminal Defense Lawyer Goes To Jail Over Drug Test
Drug Testing in the criminal justice system is currently a hot topic . My last post was on drug testing for Tennessee judges. Last week Michigan criminal defense lawyer Scott Millard was jailed when he stood up to a judge about asking his client to take a drug test . I learned about the show
Should Tennessee Judges Be Required to Take A Drug Test ?
The fallout from former Knox County Criminal Court Judge Richard Baumgartner continues. Judge Baumgartner presided over some of the most highly publicized murder trials in Knoxville , Tennessee . The only problem was that he was under the influence of painkillers during the trial . Special Judge Kerry Blackwood granted a motion for a new trial
Supreme Court Hears Arguments in Plea Bargain Cases
The U.S. Supreme Court recently heard oral arguments in Cooper and Frye. The links will take you to a transcript of the oral argument. The pivotal issue is the performance of the lawyers during the plea bargaining process.. In the Frye case , Mr. Frye’s lawyer did not advise him of a plea bargain
Nashville Magistrate Denies Arrest Warrants in Occupy Nashville Case
A Nashville , Tennessee magistrate denied arrest warrants that charged Occupy Nashville protesters were trespassing.
Tennessee Highway Patrol Officers enforced a last minute trespassing ban at Legislative Plaza this past weekend. Protesters were charged with trespassing and hauled off to visit with the magistrate. After hearing some proof and considering the law , the magistrate denied
Should a Criminal Defense Lawyer Allow Parents to Sit in On the First Consultation ?
North Carolina divorce lawyer Lee Rosen wrote a post on should a mother attend the first consultation in a divorce case. I thought the post was worth commenting on from a criminal lawyer’s perspective. I represent a lot of Vanderbilt students as well as those from other local colleges here in Nashville. Most parents want
Video Taped Statements
I watched a portion of a trial today while I was waiting for my case to be called in the Birch Building. I have a case next week withe the same prosecutor and just wanted to watch. One evidence issue came to mind during the trial which sparked a thought. Normally , when a video