Month: March 2013
Coram Nobis Claim Based on Judicial Misconduct Denied
A petition for a writ of error coram nobis is a post-trial petition seeking relief from a criminal conviction based upon newly discovered evidence relating to matters litigated at trial. It is an extraordinary procedural remedy available only where there is newly discovered evidence which was not available in prior proceedings, and which may have
Election of Offenses Properly Made
In a criminal trial, where evidence is presented of multiple separate acts, any of which could satisfy the elements of a particular charge, the State is required to clarify for the jury which particular acts the State is relying upon to prove the necessary elements of a charge. This is called election of offenses. Its
Evidence Sufficient to Support Sexual Battery Conviction
Sufficiency of the evidence of a criminal conviction can be and often is reviewed on direct appeal of that conviction. However, the appellate court does not reevaluate what facts should have been believed or rejected by a jury. It is the function of the jury to make factual determinations from the evidence presented. An appellate
120 Days in Jail For First Offense DUI Upheld on Appeal
Driving Under the Influence (DUI) is a misdemeanor in Tennessee when it is the person’s first conviction of that crime. However, that doesn’t mean it isn’t serious. It can still result in significant jail time. In the recent case of State v. Christopher, E2012-01090-CCA-R3-CD (Tenn.Crim.App. 3-14-2013), the Tennessee Court of Criminal Appeals upheld the imposition of one-hundred and