This was posted today on the TN Courts website. The Tennessee Supreme Court, in a unanimous opinion, today upheld a trial court’s dismissal of DUI and other charges against a McMinnville woman because a video recording of the woman’s stop and arrest was lost.In November 2010, a McMinnville police officer pulled over Angela M. Merriman
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Supreme Court Orders Judges To Stay Away From Fact Finding Regarding Mandatory Minimums
The Supreme Court issued an important criminal decision this week, Alleyne v. United States, when it said that a jury should have the final say on what triggers mandatory minimum sentences in criminal cases.The Court voted in a 5-4 decision to overturn the sentencing decision in defendant Allen Alleyne’s case. Alleyne was convicted of…
Silence speaks volumes: Supreme Court issues ruling in Salinas v. Texas
Supreme Court Says It’s Unconstitutional To Use New And Harsher Sentencing Guidelines For Old Cases
On Monday a closely divided
Supreme Court issued another important criminal law decision on 5-4 lines. This
time the Court held that the Constitution is violated when courts rely on
current federal sentencing guidelines if those current guidelines call for
harsher punishment than the ones in place at the time the offense was
committed.
The…
New Law Requires Ignition Interlock Devices After Tennessee DUI Convictions
A new law signed by Governor Haslam will require first-time DUI offenders to install an Ignition Interlock Device in order to drive on a restricted license during the year their license is revoked.
An Ignition Interlock Device requires the driver to self-administer a breathalyzer in order to start their car. The car will not start…
Supreme Court Supports Defendants Seeking To Raise Ineffective Assistance Of Counsel Claims
In a recent 5-4 decision, the
Supreme Court decided Trevina v. Thaler to extend a ruling it made last year which allowed
prisoners to challenge their state convictions in federal court based on the
claim that their attorneys were ineffective.
Last year, the Court considered a
case out of Arizona which challenged the state’s law…
Supreme Court Issues Important Decision Regarding DNA Collection
A divided Supreme Court issued an
important opinion today, Maryland v. King, saying that police are allowed to routinely take DNA
from those suspects they arrest without first securing a warrant. The important
criminal law decision equated a DNA cheek swab with the commonly accepted
practice of fingerprinting.
The case involved a woman who…
Problems Raised By NTSB Blood Alcohol Recommendation
The National Transportation Safety Board recently issued a new recommendation that asks all states to agree to lower the legal threshold for impairment for driving from 0.08 percent to 0.05 percent. The move was greeted with cheers from some alcohol awareness groups, but others have raised concerns about the impact of such a move, raising…
Problems Raised By NTSB Blood Alcohol Recommendation
The National Transportation Safety Board recently issued a new recommendation that asks all states to agree to lower the legal threshold for impairment for driving from 0.08 percent to 0.05 percent. The move was greeted with cheers from some alcohol awareness groups, but others have raised concerns about the impact of such a move, raising…
Sixth Circuit Discusses Requirements For Probable Cause
An anonymous informant notified police about the presence of cocaine in Sidney Brown’s house and a search warrant was subsequently issued. When the police arrived, warrant in hand, they found the cocaine mentioned by the tipster along with a pistol and several thousands of dollars in cash. Brown was eventually convicted on several drug-related crimes…