Capital Punishment in Memphis

Gary Cone's murder case traveled from the trial courts of Memphis all the way to the halls of the U.S. Supreme Court.The case hinges on whether the Shelby County District Attorney's Office withheld evidence from a an attorney in a capital murder case. The Memphis Commerical Appeal has written an editorial advocating a policy of recording all custodial interrogations with murder suspects , creating protocols for case selection criteria of death penalty cases , and ensuring that all lawyers who represent those accused of capital murder cases have adequate legal counsel and that they are compensated fairly. My father had a saying that "Those that have the capital don't get the punishment." I guess my Dad is still right about that one.

Detention Hearings in Federal Court

I like to post helpful information on this blog for those who have been accused of a crime. I usually post about an event that happened that day. I hope to write more substantive in the future. Until then , we will discuss detention hearings in federal court. When one is charged for a Federal crime , a detention hearing will be held to determine if a citizen accused of a crime shall be released from custody pending trial. There are two reasons for detention . first , the Government may allege that the accused is dangerous. Secondly, the Government may allege that the accused may flee.

Sex Offender Probation

It appears that sex offender probation officers are looking for anything in which to violate those that are on sex offender probation. Here are a couple of tips while you are on probation. One, document everything with your probation officer. Two , ask your treatment provider to sign a statement of treatment privilege even if you are in group therapy. Third, Do not have any contact with children even at a store or public place.

Traffic Stops and Passengers

In Brendlin v. California , The United States Supreme Court ruled that when an officer makes a traffic stop , passengers in the vehicle are seized for Fourth Amendment purposes and therefore have standing to challenge the stop. In the opinion written by Justice Souter , the Court found that a generic traffic stop " necessarily curtails the travel a passenger has chosen as much as it halts the driver."Further " the police activity that normally amounts to intrusion on privacy and personal; security does not normally distinguish between passenger and driver."

False Reports

In Tennessee , it is against the law to make a false report to police officers pursuant to Tennessee Code Annotated 39-16-502. I was researching the False Report Statute and I found an interesting case to help my client. In State of Tennessee v. Levandowski , report applies to a written or oral statement initiated by a person , the term does not apply to a person's response to an inquiry by a law enforcement officer. So anything you tell a police officer in response to his questions is not covered under the false report law.

Million Dollar Advice To Those Accused of a Crime

Before speaking to police , talk to a lawyer first. I don't know how many times in my career as a criminal defense attorney that I see those accused of a crime that speak to police without advice from an attorney. One perfect example is a murder case here in Nashville ,Tn where there was no evidence linking the defendant to the crime. He spoke to the police officers where he confessed. He spent several years in jail until the Tennessee Supreme court threw out his confession and released him from prison. The case is State of Tennessee vs. Dailey. I will discuss the opinion this week on confessions and Miranda warnings.

Patonizing Prostitution In Nashville

The Metro Nashville Davidson County Police Department has set up shop again in doing prostitution stings. The Nashville Police post ads on Craigslist and the Nashville Scene Backpages classifieds in hopes of luring someone to a hotel. Patronizing prostitution is a class B misdemeanor in Tennessee. Usually a criminal citation is issued in lieu of a warrant.

New Case From the U.S. Supreme Court

The United States Supreme Court issued another boneheaded opinion on illegal searches. Even though the police acted on an invalid arrest warrant , the evidence gathered as a result of an illegal search and seizure is admissible if the police reasonably believed the warrant was valid and the error was a clerical mistake. Soon the United States Supreme Court will do away with the exclusionary rule. God protect us from unreasonable search and seizures because the courts won't anymore.

The Travels of a Criminal Lawyer

Yesterday was much like many of my days as a criminal defense lawyer. I had court in Nashville , Franklin , Tn , and at 1:00 in Smyrna General Sessions . Smyrna was where the sweetest victory of the day. My client was charged with three aggravated assaults . There was an issue of a speedy trial violation and identification. Case retired. One of the added perks of going to different counties is eating lunch close to the courthouse. My restaurant review from Franklin , Tn is Puckett's Grocery right across from the Williamson County Courthouse. Best lunch in town with a great meat and three.

Tampering With Evidence

Evidence tampering is a crime in Tennessee.It occurs when a person alters , destroys , or conceals any record , document , or thing with intent to impair it's verity , legibility , or availability of evidence. Mere abandonment of evidence is not the type of conduct that the evidence tampering statute was enacted to address. In State of Tennessee v. Patton , the Tennessee Court of Appeals held that throwing away a bag of marijuana during the course of flight from police does not rise to the level of evidence tampering.

New Sex Offender Reporting Law Takes effect

On January , 2009 , A new sex offender reporting law goes into effect. The Federal government mandated that the State of Tennessee must mirror the Adam Walsh Act. I understand the public's need to identify sex offenders and the purpose of the sex offender registry . However , the reporting standards get harsher every year. the main problem I have is at the plea process. A criminal defendant is not told about the reporting standards may be changed on a yearly basis. You plead to a crime one day under an understanding of what you have to do , then years later the rules are changed. It just isn't right.