Steven Hale wrote an article in last week’s Nashville Scene on the Nashville Public Defenders Office overwhelming caseload. One visit to any of the criminal courtrooms in Nashville supports that conclusion. The article does a great job setting out the facts and the money issues. A hearing was held last year arguing a case should be dismissed based upon
The Four Rs’
During the break between Christmas and New Year’s , I took my son to a baseball camp in Cleveland , Tn. At the workout there are some college coaches around while they work on some baseball skills. We had a little time before we headed back to Nashville . So , I signed him up
Criminal Law Tip of the Week
I have never figured out who reads this blog. I think mostly criminal defense lawyers and a few prosecutors. In that vein, I am starting a new feature that will be posted on Mondays. It will be the criminal law tip of the week. I just hope I have a tip each week.
My first
Seven Words Everyone Facing a Criminal Investigation Should Know
In my last post, I wrote about the two words every person facing a sentencing hearing must say. Words are important . It is not only how we say them but what are the words. Sometimes we need magic words. Time and time again I see folks facing a criminal investigation speak with police
Scouting the Opponents
I gave across a blog post by my friend Bruce Kessler who is a DUI lawyer from Florida. Bruce wrote about sitting in a courtroom on a Friday watching a trial of no major significance. His purpose was to watch the lawyers. The prosecuting lawyers were new and he was not familiar with them or their styles.
Is It Just Another October ?
I read a blog post today at Simple Justice. Scott Greenfield wrote about whether we put too much into what the Supreme Court rules. Does their rulings affect the criminal defense lawyers in the trenches ? I do agree with his arguments that some in the legal world will analyze a ruling to
Racial Bias During Jury Selection
The case of a former FBI agent convicted of wire and bankruptcy fraud is being remanded to the Federal District Court here in Nashville to make a ruling on racial bias during jury selection. Darin McAllister was convicted in 2010. However , the prosecutor used two of his peremptory challenges to excuse to black jurors. The first juror was excused because of a criminal conviction. In the case of the second black juror that was excused , the court did not make any findings of as to whether McAllister established the existence of purposeful race discrimination in the selection of his jury.
In Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment guarantees the defendant that the state will not exclude members of the defendant’s race from the jury venire on account of race, or on the false assumption that members of the defendant’s race , as a group are not qualified to serve as jurors.Continue Reading Racial Bias During Jury Selection
Fashion Advice on Going to Criminal Court in Nashville
Scot Greenfield commented on a New York judge incarcerating a young man until his baggy pants were pulled up over his boxers. I must agree with Mr. Greenfield in that my personal style does not include baggy pants. However , it does with my son. I have no idea why it is fashionable. Personally
Filling Out A Job Application When You Have a Criminal Record
One advantage of hiring a criminal defense attorney is that the attorney may discover ways to have your case dismissed or some type of plea bargain where the case may be expunged. One issue that comes up is how to answer a job application. My short answer is truthfully. Two potential lawyers who were denied admission