The “Miranda warning” is a statement given by law enforcement to a suspect in custody, informing them of their rights. The warning is derived from the United States Supreme Court case, Miranda v. Arizona, 384 U.S. 436 (1966), which established the requirement for law enforcement to inform suspects of their…
Articles Posted in Criminal Law
Tennessee Implied Consent Law
Under TCA 55-10-406 any person driving a motor vehicle in Tennessee is deemed to have given implied consent to a breath test, a blood test, or both to determine the person’s alcohol or drug content of their blood. A refusal to submit to one of these tests is a civil…
WHAT IS DELTA-8 THC AND IS IT LEGAL IN TENNESSEE ?
What is Delta-8 THC? Delta-8 THC is one of over 113 cannabinoids found in the cannabis plant. Like Delta–9 THC and CBD, Delta-8 THC is a natural chemical found in cannabis plants. Delta–9 and CBD cannabinoids derived from legal cannabis are much more prevalent in use in Tennessee. However, Delta–8 is receiving a considerable amount of attention from cannabis consumers…
THE GOLDEN TICKET: JUDICIAL DIVERSION – TENN CODE ANN. 40-35-313
JUDICIAL DIVERSION – TENN CODE ANN. 40-35-313 THE GOLDEN TICKET We all make mistakes and one mistake should not define a person. If this is the first time you’ve been charged with a crime or crimes, understandably you are worried. If you have gone a step further and…
Discovery in an Order of Protection (OP) Case
In a recent Tennessee Court of Appeals decision, Luker v. Luker, M2018-00138-COA-R3-CV (Tenn. Ct. App.2018), the Court addressed whether a respondent in an Order of Protection case had a right to conduct discovery in order to prepare for the hearing. The typical Order of Protection case is set for a…
Bonnaroo 2018: Top 9 Common Crimes
BONNAROO 2018: 9 Common Criminal Charges at Bonnaroo With Bonnaroo 2018 in Manchester, Coffee County, Tennessee, just around the corner, it is important to keep in mind the heavy law enforcement presence that will be at the event and on the surrounding highways and interstate. The following are the top…
2017 BONNAROO MUSIC FESTIVAL & TENNESSEE’S MARIJUANA CONCENTRATE LAWS
There has been a nationwide boom in the popularity of marijuana concentrates or extracts in the past several years. Whether it is the ease of use, perceived health benefits, or increased potency, marijuana concentrates have increased their foothold in the marijuana market. Often times these marijuana concentrates are consumed in…
Man Shoots Gun at Government Employee and Argument from Defense Attorney Effectively Amends the Indictment
In a recent case in Nashville, Leroy Myers was charged with aggravated assault after he allegedly shot a gun in the direction of a Metro Codes employee visiting his home. Following a bench trial, the trial court found Leroy Myers not guilty of the charged offense, aggravated assault, but guilty…
The Fight is Not Over: Post-Conviction Relief Part III
Time is of the Essence Aside from very limited exceptions enumerated within the post-conviction statute and discussed below, a person in custody under a sentence of a court of this state (Tennessee) must petition for post-conviction relief under this part within one (1) year of the date of the final…
Body Cameras in Nashville: Costly But Necessary
Metro Nashville Police Chief Steve Anderson recently proposed a $50.1 million plan to purchase body cameras for all 1,440 of the city’s police officers and to install new dash cameras on 880 department vehicles. Although Mayor Barry has been a staunch supporter of body cameras, she raised concerns at the…