Indictment Sufficient in Drug-Free School Zone Case
An indictment, to be valid, must provide a Defendant sufficient notice of the charged offense. More specific information about the charges may be obtained later with a bill of particulars. But the indictment, as the official charging instrument, must contain enough information to give notice of the charged offense. In the recent Tennessee case of State
Drunk driving charge dropped by Tennessee judge; man freed
Earlier this year, a 22-year-old man was arrested for DUI. For months, he claimed that he had not been under the influence when he was stopped by an officer previously. His drunk driving charge has recently been dropped in a Tennessee courtroom, after it was discovered that his charge was wrongful. The arrest occurred when the man
Conviction Reversed in Exigent Circumstances Case
Exigent circumstances is an exception to the general requirement that a search warrant be obtained before a search will be considered reasonable. In exigent circumstances, a police officer may reasonably conduct a search or seizure without first obtaining a warrant. But in such cases, whether the actions of law enforcement were reasonably justified by the
Tennessee man accused of drunk driving to appear in court again
An allegedly inebriated driver, who police say crashed his sport utility vehicle directly into an apartment residence community, will return to the courtroom on Monday, Oct. 22. The Tennessee man will face multiple charges relating to the incident, which caused personal injury to several victims who were in and around the apartment complex at the
State Supreme Court Reinstates Jury Finding of Premeditation
In Tennessee, proof of premeditation to kill is required for a criminal conviction of premeditated first degree murder (though not under a ‘felony murder’ theory of first degree murder) or attempted first degree murder. There is a substantial distinction in punishment between homicides or attempted homicides which are premeditated and those which are not. In the recent
Tennessee man in jail on drunk driving conviction seeks parole
A man who had a few drinks on his way home from work in 2009 is requesting parole to be released from prison. On a Friday after work, the man crashed his pickup truck, resulting in a tragic accident that killed a motorcyclist. He was sentenced to jail for a drunk driving conviction. Now, several years later,
Tennessee woman facing drunk driving charges after crash
Most Tennessee residents are probably aware of the dangers of drunk driving. However, not all residents may think of the repercussions before getting behind the wheel. Others may not realize they are legally intoxicated after just a drink or two. A woman who recently crashed her car is now facing drunk driving charges. A teenage boy, identified
Criminal Attempt Charge Upheld
In Tennessee, a ‘criminal attempt’ to commit a crime can itself be a criminal act, and is sometimes charged as a lesser included offense. It is generally a lesser offense than completion of the crime, and carries reduced punishment. Criminal attempt to commit a specific crime occurs when a person, acting with the culpability required
Tennessee woman arrested for second drunk driving offense
The mistake of driving under the influence is one that an unfortunate number of Tennessee residents make. Some become part of such a situation one time and learn from their choices, while others may face multiple drunk driving charges before understanding the seriousness of their decision to drink and drive. More severe punishment also comes with repeat
Smell of Alcohol is Reasonable Suspicion for DUI Investigation
Reasonable suspicion of criminal activity is generally necessary for a police officer to use authority to compel a warrantless stop or detention of an individual. In the recent Tennessee case of State v Wessels, M2012-01969-CCA-R3-CD (Tenn.Crim.App. 9-20-2013), the Court of Criminal Appeals concluded that a police officer who claimed to smell alcohol on a driver had reasonable