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July 2014 Archives

Soldier may face punishments after vehicular assault in Tennessee

A soldier stationed at Fort Campbell was recently arrested and charged after a motorcycle accident in Tennessee that left both his passenger and himself with minor injuries. The charges include vehicular assault, and it is unclear what punishments, if any, may result from these charges. The man and his female passenger were taken for medical care after the incident.

Hearsay Made For Medical Diagnosis is Admissible

Hearsay is an evidentiary term usually describing out of court statements which a party is attempting to introduce in a court proceeding to establish the fact asserted in the statement. Generally, hearsay is not admissible under the rules of evidence in Tennessee courts, federal courts, and other U.S. state courts. But hearsay has a specific definition, defined in the applicable evidentiary rules. Many out-of-court statements are not hearsay (often because they are not being introduced to prove the truth of the matter asserted in the statement). And there are a number of exceptions to the hearsay rule. One such exception in Tennessee pertains to statements made for the purpose of medical diagnosis or treatment. The reason these statements are an exception is the idea that people are less likely to be deceptive when providing information to a medical professional attempting to diagnose and treat them. This exception applies, as noted in the recent Tennessee case of State v. Felts, M2013-00939-CCA-R3-CD (Tenn.Crim.App. 7-8-2014) as well to statements made by a child to a medical professional conducting an examination after allegations of sexual abuse.

Hearsay Made For Medical Diagnosis is Admissible

Hearsay is an evidentiary term usually describing out of court statements which a party is attempting to introduce in a court proceeding to establish the fact asserted in the statement. Generally, hearsay is not admissible under the rules of evidence in Tennessee courts, federal courts, and other U.S. state courts. But hearsay has a specific definition, defined in the applicable evidentiary rules. Many out-of-court statements are not hearsay (often because they are not being introduced to prove the truth of the matter asserted in the statement). And there are a number of exceptions to the hearsay rule. One such exception in Tennessee pertains to statements made for the purpose of medical diagnosis or treatment. The reason these statements are an exception is the idea that people are less likely to be deceptive when providing information to a medical professional attempting to diagnose and treat them. This exception applies, as noted in the recent Tennessee case of State v. Felts, M2013-00939-CCA-R3-CD (Tenn.Crim.App. 7-8-2014) as well to statements made by a child to a medical professional conducting an examination after allegations of sexual abuse.

Hearsay Made For Medical Diagnosis is Admissible

Hearsay is an evidentiary term usually describing out of court statements which a party is attempting to introduce in a court proceeding to establish the fact asserted in the statement. Generally, hearsay is not admissible under the rules of evidence in Tennessee courts, federal courts, and other U.S. state courts. But hearsay has a specific definition, defined in the applicable evidentiary rules. Many out-of-court statements are not hearsay (often because they are not being introduced to prove the truth of the matter asserted in the statement). And there are a number of exceptions to the hearsay rule. One such exception in Tennessee pertains to statements made for the purpose of medical diagnosis or treatment. The reason these statements are an exception is the idea that people are less likely to be deceptive when providing information to a medical professional attempting to diagnose and treat them. This exception applies, as noted in the recent Tennessee case of State v. Felts, M2013-00939-CCA-R3-CD (Tenn.Crim.App. 7-8-2014) as well to statements made by a child to a medical professional conducting an examination after allegations of sexual abuse.

Tennessee city official steps down after drunk driving charge

The residents of a town elect those who they believe would best fill the positions for which they have chosen to run. However, the ones who have been elected are human beings with human failings. Now, one Tennessee official has chosen to step down from public office after having been arrested on a drunk driving charge.

Tennessee held controversial drunk driving check points on 4th

According to the National Highway Traffic Safety Administration, the July 4th Holiday is one of the deadliest travel days in the country. The reason given is that many accidents are caused by drunk driving after people have indulged in celebrations that included alcoholic beverages. In an effort to prevent these types of accidents, Tennessee -- as well as several other states -- has been holding some controversial DUI checkpoints.

Devil Head Tattoo Leads to Denial of Judicial Diversion

Judicial diversion is a procedure by which a first-time offender who pleads guilty or is found guilty of a diversion eligible offense may still avoid the criminal conviction after complying with certain conditions during a probationary period, after which the charge is effectively dismissed if the conditions are met. Whether to grant judicial diversion to a diversion eligible offender is within the discretion of the sentencing court. In the recent Tennessee case of State v. Guilliams, E2013-0145-CCA-R3-CD (Tenn.Crim.App. 7-2-2014), the Court of Criminal Appeals affirmed the denial of judicial diversion to an offender who may have offended the sentencing court with a tattoo the court believed to resemble "the head of the devil."

Devil Head Tattoo Leads to Denial of Judicial Diversion

Judicial diversion is a procedure by which a first-time offender who pleads guilty or is found guilty of a diversion eligible offense may still avoid the criminal conviction after complying with certain conditions during a probationary period, after which the charge is effectively dismissed if the conditions are met. Whether to grant judicial diversion to a diversion eligible offender is within the discretion of the sentencing court. In the recent Tennessee case of State v. Guilliams, E2013-0145-CCA-R3-CD (Tenn.Crim.App. 7-2-2014), the Court of Criminal Appeals affirmed the denial of judicial diversion to an offender who may have offended the sentencing court with a tattoo the court believed to resemble "the head of the devil."

Devil Head Tattoo Leads to Denial of Judicial Diversion

Judicial diversion is a procedure by which a first-time offender who pleads guilty or is found guilty of a diversion eligible offense may still avoid the criminal conviction after complying with certain conditions during a probationary period, after which the charge is effectively dismissed if the conditions are met. Whether to grant judicial diversion to a diversion eligible offender is within the discretion of the sentencing court. In the recent Tennessee case of State v. Guilliams, E2013-0145-CCA-R3-CD (Tenn.Crim.App. 7-2-2014), the Court of Criminal Appeals affirmed the denial of judicial diversion to an offender who may have offended the sentencing court with a tattoo the court believed to resemble "the head of the devil."

Tennessee man charged with vehicular homicide after accident

Law enforcement officials are charged with keeping the general public safe. However, if someone has been charged with an offense, that does not mean that the person is guilty of the accusations. Unfortunately, one Tennessee man who was charged with a crime on a Thursday was arrested days later and charged with vehicular homicide in connection with the death of a pedestrian.

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