An arrest warrant is a written order which is made on behalf of the State of Tennessee and is based upon a affidavit of complaint issued pursuant to a statute which commands a police officer to arrest that person and bring them before a magistrate . This is one way to start a criminal case
Criminal Discovery Part II
Lack of discovery sometimes leads to the image we see above. One of my major gripes with the criminal justice system is the limited discovery that is granted in criminal cases . In Part II of Criminal Discovery in Tennessee criminal law cases , we will cover Reports of Examinations and Tests
Discovery in Tennessee Criminal Cases
I have a fundamental problem with discovery in Tennessee criminal cases. Discovery is the process in which each side of the lawsuit or criminal case learns what evidence each side has available. In Tennessee civil cases , one can use all types of discovery tools to learn what the other side has to defend or
Nashville Jail Calls to Attorneys Recorded
Big brother is alive and well at the Davidson County Sheriff’s office and the U.S.Attorney’s office. Nashville criminal defense lawyer Patrick Frogge discovered some of his phone calls to clients were recorded and turned over to the U.S. attorney’s office in a sex crimes case. The disclosure prompted a hearing in Federal Court on whether
The Right To A Speedy Trial In Tennessee
Article I Section 9 of the Tennessee Constitution guarantees a person accused of a criminal charge the right to a speedy trial.I recently filed a motion to dismiss in a cold case first degree murder case based upon a denial of his right to a speedy trial.There are four factors that the criminal
Maryland Judge Takes the Breath Alcohol Test Daily
Tennesseans who are convicted of drunk driving (DUI) or implied consent must use the ignition interlock device before starting their car.How would you like to have to blow into a breath alcohol machine before you start your job.The American Bar Association reports that a Maryland judge who was recently convicted of DUI blows into a
A Fair Trial and an Independent Judges
Two stories from the news bears commenting on today.One of the guiding principles of our court system is a fair trial , an unbiased judge , and a right to appeal. Those principles were addressed in two separate reports today.
First , a Nashville Circuit Court Judge has ruled in favor of a defendant in
Theft and Aggravated Burglary Case Dismissed
The Tennessee Court of Criminal Appeals dismissed a theft case where the amount stolen was over $10,000. Mr.Sisk was originally convicted of aggravated burglary and theft of property and based upon his prior record received 27 years in prison.The evidence at trial consisted only of a cigarette butt that was inside the house. One problem
Case Reset in Nashville. Reason Lack of Jurors
A trial in the Criminal Courts of Nashville Davidson County had an interesting outcome Monday. Four individuals were on trial for aggravated kidnapping as well as some other charges. During jury selection , it became apparent to defense counsel that there might not be enough jurors left to finish the jury selection process . .The
Immigration Issues Continue to Impact Criminal Lawyers
Criminal defense lawyers across the country continue to struggle with the ramification of the Padillia v Kentucky. I ran ac cross the federal public defender’s web site and found this great form. it is a form to help criminal defense attorneys to determine a clients immigration status. Since Padillia made us immigration attorneys