Hindman & Lanzon Hindman & Lanzon
Call for a Free Consultation
865-223-6450

November 2013 Archives

Violation of Right to Confront Witnesses Was Harmless Error

The right to confront witnesses in a criminal case is guaranteed by both the United States and Tennessee Constitutions. But violation of the right to confront witnesses does not necessarily invalidate a criminal conviction if the error is determined to be harmless beyond a reasonable doubt. In the recent Tennessee case of State v. Clark, M2012-01744-CCA-R3-CD (Tenn.Crim.App. 11-21-13), the Court of Criminal Appeals determined the State violated confrontation rights by allowing the use of a video recorded deposition rather than a live witness at trial (absent 'extraordinary circumstances' which would have allowed the substitution of the deposition). However, the Court found the error to be harmless beyond a reasonable doubt.

Violation of Right to Confront Witnesses Was Harmless Error

The right to confront witnesses in a criminal case is guaranteed by both the United States and Tennessee Constitutions. But violation of the right to confront witnesses does not necessarily invalidate a criminal conviction if the error is determined to be harmless beyond a reasonable doubt. In the recent Tennessee case of State v. Clark, M2012-01744-CCA-R3-CD (Tenn.Crim.App. 11-21-13), the Court of Criminal Appeals determined the State violated confrontation rights by allowing the use of a video recorded deposition rather than a live witness at trial (absent 'extraordinary circumstances' which would have allowed the substitution of the deposition). However, the Court found the error to be harmless beyond a reasonable doubt.

Violation of Right to Confront Witnesses Was Harmless Error

The right to confront witnesses in a criminal case is guaranteed by both the United States and Tennessee Constitutions. But violation of the right to confront witnesses does not necessarily invalidate a criminal conviction if the error is determined to be harmless beyond a reasonable doubt. In the recent Tennessee case of State v. Clark, M2012-01744-CCA-R3-CD (Tenn.Crim.App. 11-21-13), the Court of Criminal Appeals determined the State violated confrontation rights by allowing the use of a video recorded deposition rather than a live witness at trial (absent 'extraordinary circumstances' which would have allowed the substitution of the deposition). However, the Court found the error to be harmless beyond a reasonable doubt.

Battle continues over implied consent in vehicular homicide trial

Most residents of Tennessee are aware of how dangerous it is to drink and drive. Not everyone considers the consequences before getting behind the wheel, however. Certainly not everyone thinks they are legally intoxicated after one or two drinks, and some do make the mistake of driving. A man who recently crashed his car is now facing vehicular homicide.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Denial of Probation Reversed on Appeal

The decision of whether to grant probation in a criminal case in Tennessee where the defendant is eligible for it is discretionary with the trial court. In the recent case of State v. Sihapanya, W2012-00716-CCA-R3-CD (Tenn.Crim.App. 11-8-2013), the Court of Criminal Appeals in a split decision reversed the trial court's decision to deny probation to a defendant who pled guilty to leaving the scene of an accident involving a death.

Motorcyclist dead, Tennessee man charged with vehicular homicide

Being accused of driving while under the influence is a very serious matter, one that normally leads to a courtroom trial. A recent car accident in Tennessee left a motorcyclist dead. The other driver is now facing charges that include vehicular homicide by intoxication and driving without a license, so a courtroom trial will be scheduled to decide the criminal charges.

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Court Upholds 32 Year Sentence in Child Rape Case

Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select the sentence the trial court believes is most appropriate for the circumstances of the particular case. In the recent case of State v. Breeze, W2013-00798-CCA-R3-CD (Tenn.Crim.App. 10-21-2013), the Tennessee Court of Criminal Appeals upheld the trial court's decision to impose a total effective sentence of thirty-two years for a person convicted of rape of a child and rape of his two stepdaughters.

Tennessee man faces third drunk driving charge

Drinking can be an enjoyable and relaxing experience for some, particularly after a hard day at work. However, when not used in moderation, a person can easily become inebriated. The decision to drive while under the influence of alcohol can result in some legal consequences, but choosing to engage in drunk driving more than once can that have potentially longer-term and more serious impacts. This is the scenario that one man is facing in Tennessee.

Will a drunk driving charge be overturned in Tennessee?

Tennessee residents facing a drunk driving charge may not be aware of the steps they need to take in order to face the charge. While the court system certainly doesn't take these charges lightly, a person will typically need to prepare a defense. In some situations, the person may not in fact be guilty of the charges leveled against them. A recent article discussing how a man had his drunk driving charge dropped due to an investigator error has made headlines.

map map

Hindman & Lanzon
550 West Main Street
Suite 550
Knoxville, TN 37902

Toll Free: 866-383-1545
Phone: 865-223-6450
Fax: 865-521-6371
Knoxville Law Office Map

Review Us