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Tennessee police recently responded to a serious traffic accident along a local highway in the early morning hours. During the investigation, they apparently suspected that the driver of one of the vehicles was intoxicated. That driver is now facing multiple charges, including one for drunk driving.
Prior Bad Acts Admissible to Show Motive and Intent
Generally, prior bad acts of an accused on trial are not admissible to prove conforming conduct in a criminal trial in Tennessee. However, there are often-used exceptions to the rule excluding prior bad acts. Among the exceptions, prior bad act evidence might be admissible if probative of the credibility of a testifying defendant, or if it shows a common scheme or plan linking the defendant to the crime at issue, or if it is probative of motive or intent. In the recent Tennessee case of State v. Bolton, W2013-00539-CCA-R3-CD (Tenn.Crim.App. 10-21-2014), the Court of Criminal Appeals affirmed a trial court ruling admitting evidence of the defendant's threats and abuse of the victim's mother when the defendant was on trial for rape of a child.
Prior Bad Acts Admissible to Show Motive and Intent
Generally, prior bad acts of an accused on trial are not admissible to prove conforming conduct in a criminal trial in Tennessee. However, there are often-used exceptions to the rule excluding prior bad acts. Among the exceptions, prior bad act evidence might be admissible if probative of the credibility of a testifying defendant, or if it shows a common scheme or plan linking the defendant to the crime at issue, or if it is probative of motive or intent. In the recent Tennessee case of State v. Bolton, W2013-00539-CCA-R3-CD (Tenn.Crim.App. 10-21-2014), the Court of Criminal Appeals affirmed a trial court ruling admitting evidence of the defendant's threats and abuse of the victim's mother when the defendant was on trial for rape of a child.
18-year-old charged with underage drinking after police arrive
Recently, one Tennessee mother of three remarked that the majority of children are tempted to try alcohol at some point. However, she expressed dismay when she heard that deputies supposedly discovered four young people drinking, including a 9-year-old. While there were allegedly several youths who admitted drinking, at this point one 18-year-old is facing underage drinking charges.
Search Warrant or Exception Required For 'Mandatory' Blood Draw
A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.
Search Warrant or Exception Required For 'Mandatory' Blood Draw
A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.
Failed sobriety test leads to arrest for Tennessee DUI
Tennessee officials responded to a report concerning a hit-and-run accident. The man whom police eventually charged is alleged to have a failed sobriety test along with exhibiting signs of possible inebriation. Supposedly, this driver has a prior history of DUI convictions.
Conviction Reversed Due to Bad Search Warrant
A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.
Conviction Reversed Due to Bad Search Warrant
A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.
Conviction Reversed Due to Bad Search Warrant
A search warrant is a judicial authorization to search a person or place. To be valid, a search warrant must be supported by probable cause to suspect that the search may reveal evidence of a crime. The probable cause is alleged within an affidavit presented to a judge or magistrate when seeking the warrant. In the recent Tennessee case of State v Hall, M2013-02841-CCA-R3-CD (Tenn.Crim.App. 10-3-2014), the Court of Criminal Appeals concluded that the affidavit describing a controlled drug buy at a residence within seventy-two hours did not establish probable cause to support an issued warrant to search that residence and the people present there.
Tennessee man charged with vehicular homicide after wife killed
Even though marriage vows often contain the promise that the coupe intends to remain together until one dies, the majority of these same couples likely do not dwell on the eventual death of the other. However, one man not only has to accept the loss of his wife, but he is also facing charges of vehicular homicide for allegedly causing her death. Tennessee police responded to the accident one recent Sunday morning.
Tennessee grand jury indicts man on vehicular homicide charges
Tennessee law enforcement officers responded to the scene of a serious traffic accident this past July. Recently, a grand jury indicted the driver on vehicular homicide charges. He was allegedly driving intoxicated. After the indicted was announced, the 28-year-old man presented himself to the authorities and was taken into custody with a $75,000 bond set.
