Tennessee Supreme Court Issues Stay on Executions

After a series of events beginning with the challenge of Tennessee execution procedures in a Nashville court, a ruling by a Nashville judge those procedures were unconstitutional, and a subsequent modification to those procedures which would permit the execution to move forward, a ruling by the Tennessee Supreme Court permitting the executions to move forward and finally the reconsideration by the Tennessee Supreme Court to allow the criminal defense attorneys for the death row inmates an opportunity to rebut the constitutionality of the modified execution procedures.

The execution for Stephen Michael West was previously scheduled for Tuesday, November 30th at 10:00 p.m. Mr. West’s, as well as three other executions are stayed pending the hearings at the trial court level in Nashville.

The Order issued by the Tennessee Supreme Court staying Mr. West's execution can be found here.

If you have been charged with a criminal offense in the Nashville or Middle Tennessee area, it is imperative you speak with a Nashville criminal lawyer today. Contact our office at (615) 829 - 8259 to discuss your case with a former Nashville Assistant District Attorney. 

Nashville Attorney Now on YouTube

Please visit our Nashville Attorney YouTube channel where we will occasionally post video-blogs about commonly asked questions. Our first video-blog is with Nashville Criminal Attorney and Former Davidson County Assistant District Attorney, Joel Crim, where he discusses Miranda Rights and their applicability to arrests and police interrogations.

Whether you have been charged with a crime in Tennessee or have been injured in a car accident, contact our Nashville Attorneys with any questions concerning your legal situation.

Tennessee Constitutional Rights Summarized

Article I of the Tennessee State Constitution lays out our state bill of rights which has been summarized by our Nashville Attorneys, highlighting a few key rights for Tennesseans:

§7 – Unreasonable searches and seizures prohibited

§8 – Bill of Attainder may not be issued (An act of the Tennessee legislature declaring an individual guilty of a particular crime, without the benefit of a trial, would be prohibited)

§9 – Fair trial rights guaranteed; compelled self incrimination is outlawed

§12 – Indictments must be made ‘against the peace and dignity of the state’.

§18 – Imprisonment for civil debt may not be carried out

§19 – Freedom of the Press is guaranteed

§25 – Martial Law may never be declared

§35 – Crime victims may expect certain rights from the state

§32 – The State of Tennessee must provide for prisons and their upkeep

§26 – Explicitly grants the right to bear arms (except as legislated otherwise)

§15 – Habeas Corpus must be respected unless the legislature determines otherwise during wartime

§11 – Ex Post Facto laws are dangerous to free government and are prohibited

§§10, 13, 16, 32 prohibit double jeopardy (being tried twice for the same crime by the same government) and cruel and unusual punishment

It is interesting to note that several sections of the Tennessee Constitution were copied directly from the United States Constitution.

If you have recently been arrested and believe your Constitutional rights have been violated, contact our Nashville Criminal Attorneys today to discuss your case.

Nashville Criminal Attorney Explains: Text Messaging, Driving and Probable Cause

On April 30, 2009 the state of Tennessee legislature enacted a new law prohibiting text messaging while driving. The new law can be found at T.C.A. § 55 – 8 – 199 and in relevant part, provides:

“No person while driving a motor vehicle on any public road or highway shall use a hand-held mobile telephone or a hand-held personal digital assistant to transmit or read a written message; provided, that a driver does not transmit or read a written message for the purpose of this subsection (b) if the driver reads, selects or enters a telephone number or name in a hand-held mobile telephone or a personal digital assistant for the purpose of making or receiving a telephone call.”

Fines and potential punishments for the driving offense (which is a Class C Misdemeanor) are not harsh, with the maximum possible fine including court costs being not more than $60.00. I’ll also note that providing the vehicle is not actually in motion (ie: the driver is at a red light), text messaging is not a criminal driving offense.

This type of offense poses significant difficulties for prosecuting attorneys. Note that sub-section (b) states that if the driver is entering a phone number, they are not violating the law. How is an officer to know whether an individual driving a car is entering letters or numbers on their telephone? It’s impossible, they cannot. The Tennessee statute also specifically exempts police officers and emergency workers when in the discharge of their duties. I say this somewhat tongue in cheek, but can you imagine an ambulance driving 90 mph while the driver is texting? The statute specifically allows for it and it would not be a violation of the law. Obviously that was not the intent and certainly if that were to happen and a traffic accident occurred, attorneys would have a field day with the liability. At that point, who cares about a $60 traffic citation? However if texting while driving is unsafe for the ordinary citizen, wouldn’t it be particularly unsafe for officers and emergency officials?

As a Nashville criminal defense attorney, I foresee the situation where an individual is initially stopped based on a violation of the texting while driving law (when in reality, the individual is placing a phone call, or changing the song on his iphone). As a result of the stop, the officer discovers a large amount of marijuana in the vehicle and he is charged with much more serious criminal drug offenses. Assume the driver can establish he was not texting. Should the evidence be suppressed?

Aside from the practical difficulties the Tennessee criminal law poses for prosecuting lawyers, I anticipate there will be more complicated issues which will arise. If any of the above applies to your case, you should contact our Nashville criminal lawyers today to discuss your case.

New DUI Law Would Lower Legal Limit in Texas to .05

From Your Nashville Attorney: That’s right, .05. Texas lawmakers have proposed new legislature which would make it a criminal offense to operate a motor vehicle with a blood alcohol level of between .05 and .07. The new law, a DWAI or Driving While Ability Impaired, which will be up for debate during January 2011 legislative session, has the support of the Austin Police Chief as well as Mothers against Drunk Driving (MADD). Based on an examination of blood alcohol charts, it would take anyone who weighs less than 140 lbs approximately two drinks in the course of an hour to reach .05 and achieve the new DUI (or DWAI) limit.

If you have been arrested and charged with a DUI offense in Nashville or the Middle Tennessee area, contact our office today and discuss your case with a Nashville DUI attorney and former DUI prosecutor.

Nashville Judge Rules Tennessee Execution Method Unconstitutional

Davidson County Chancery Court Judge Claudia Bonnyman has ruled unconstitutional the method the State of Tennessee uses when implementing the death penalty. Tennessee utilizes [...]

Can I be guilty of DUI in Tennessee even if I haven't been drinking?

Yes. DUI is an acronym for driving under the influence which includes intoxicants other than just alcohol. In Tennessee, if a police officer has probable cause to believe a driver is under the influence of alcohol or drugs, the driver may be placed under arrest and charged with a DUI offense. As with all criminal charges, they must be proven beyond a reasonable doubt and the lack of some objective test (such as blood or breach tests) creates an additional hurdle for prosecutors.

If you have been charged with a DUI in the Nashville or Middle Tennessee area, consult with a former Davidson County prosecutor who has handled thousands of DUI cases. Call us today at (615) 829 – 8259 or send our DUI attorneys an email and we will be in touch with you to discuss your case.