In Tennessee criminal proceedings, character evidence is not generally admissible to prove that a defendant acted in conformity with a character trait. So the State would not be allowed to introduce evidence of gang affiliation to show that a defendant, as a gang...
Underage Consumption Conviction Overturned
Post-conviction relief from a plea agreement is uncommon in Tennessee criminal law practice. Post-conviction relief from a misdemeanor plea to underage consumption is all the more rare. It was granted by the Court of Criminal Appeals in the recent case of State v....
From Cell Phone Photography to Search Warrant
Wal-Mart usually isn't a place that most people would consider ideal for some photography practice. But for one man and his cell phone, it turned out to be a particularly bad idea. One leading indirectly to a felony conviction for sexual exploitation of a minor. In...
Sometimes It’s Just Bad Luck (Search and Seizure)
The recent Sixth Circuit case of U.S. v. Godfrey, 10-4240 (6th Cir. 6-28-2011) is an interesting example of the "good faith" exception to the exclusionary rule. Generally, evidence obtained from a warrantless search and seizure, not covered by a recognized exception...
