Tennessee law allows for the forfeiture of property used to facilitate the commission of crimes. Judicial forfeiture is a civil proceeding against property, though it typically arises out of circumstances which are also the subject of a criminal proceeding against a...
Tennessee man was charged with drunk driving after fatal accident
Alcohol use is a major part of American society. Though it is found acceptable and even enjoyable by some, driving under the influence is a modern taboo. Drunk driving is sometimes the cause of an accident, but a crash can also be just a mistake. Unfortunately, a car...
DUI case dismissed after video of failed sobriety test lost
The DUI charges against a Warren County woman were dismissed when the Tennessee Supreme Court upheld the ruling of the trial court that the missing evidence would prevent her from receiving a fair trial. The evidence in question was the video from the police vehicle...
Video Deposition Can be Permissible in a Criminal Trial
Depositions, though common in civil litigation, are not often part of a criminal trial or criminal discovery process in Tennessee. A conventional method of pre-trial discovery in a civil case, depositions are used only under exceptional circumstances in Tennessee...
Tennessee man charged with drunk driving for third time
Alcohol has been part of the United States for many years, and continues to be prominent in current society. In moderation, the majority of the public find it acceptable, but when used too much it can be followed by very dangerous situations and actions. Even if the...
Inadequate Record of the Evidence Results in Dismissal of Appeal
Evidence introduced in a criminal trial is usually preserved by a transcript of the witness testimony and preservation of exhibits. Using a good court reporter is the preferred and most reliable way of recording the witness testimony. However, if no court reporter is...
Denial of Mistrial Affirmed for Witness Reference to Polygraph
A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an...
Tennessee woman charged with vehicular homicide
The public is often aware of the trauma that a victim can face shortly after an accident, but they are often not mindful of the hard months that follow an accident for those accused of causing it. The months leading up to the actual trial can be very hard on a person...
Are Tennessee laws followed in drunk driving stop?
The release of a video by a man stopped at a DUI checkpoint has raised some concerns by citizens. A Tennessee college student recorded a drunk driving stop that was being conducted by a local Sheriff's Department where he claims his Constitutional rights were...
