Tennessee Criminal Lawyer Blog

On Tuesday September 26, a McMinn county judge decided to allow the use of potentially incriminating statements against a minister’s wife accused of shooting her husband. The judge has also granted a continuance in the case extending the court date to February 2007. Mary Winkler faces charges in the March 22 shooting death of her husband, a popular Selmer minister.

Mrs. Winkler was arrested in Alabama on March 23. Her Tennessee criminal attorney sought to suppress statements she made to the Alabama authorities. The attorney alleged that the arrest was improper. The attorney also claimed that the authorities had no arrest warrant and no probable cause when the arrest was made.

The body of Matthew Winkler was discovered March 22nd in the home that the couple shared with their three children. The discovery was made after the Winklers failed to show up for an evening church service. Prosecutors have alleged that Mrs. Winkler was moving money between several checking accounts and that the family’s money problems were the motive for the killing. The couple’s children are currently living with relatives. Mrs. Winkler is free on bond and living with a friend in McMinville.

Tennessee criminal defense attorneys have a duty to thoroughly examine every possible suppression issue. As in this case, the courts have to make difficult decisions which have lasting effects on criminal cases.

Source: www.independantappeal.com/html/winkler/

A Tennessee DUI Attorney entered a not-guilty plea to DUI charges for former State Senator Kathryn Bowers on September 21. The charges stemmed from an incident on August 31, when police said Senator Bowers sideswiped a UPS truck.

Bowers' attorney stated that Bowers had recently changed her blood pressure medication and he would like to see the charge dismissed. Bowers won the Democractice primary for re-election on August 3 but resigned from office earlier this month, citing health problems.

Bowers is also facing federal bribery charges related to the Tennessee Waltz Investigation. She is scheduled for trial in those charges in April. Bowers is one of eleven people facing charges in the Tennessee Waltz Investigation which came to public attention in May 2005 after an extensive sting operation. Five former state officials are among those facing charges of bribery and corruption.

Sources:knoxnews.com, wbir.com

Tennessee attorney Bill Gibson is the chief prosecutor from Cookeville, Tennessee. He is also the attorney that is now under fire for playing both sides of the fence. While he was assisting in the prosecution of a defendant for murder, he also gave advice to the same defendant and did all of this behind the back of the criminal defense attorney and the family of the victim.

An AP article reported:

Much of the conversations between the inmate and the longtime prosecutor are religious in nature and include discussions of faith and requests for prayers. Gibson said he wanted to send Adams Christmas presents while in jail and offered to call Adams' mother for him on Mother's Day.

But the letters from Gibson also warned Adams to keep their correspondence secret.

"I am taking a chance by writing to you without your attorney knowing it," he wrote in an undated letter. "It would mean a lot of trouble for me if you ever mentioned it."

Gibson provided advice to Adams regarding his case, urging him to not plead guilty to a first-degree murder charge.

Any prosecutor finding himself in a similar situation should recuse his office and ask for another prosecutor to be assigned to the case. How could something like this happen? Although some prosecutors could be accused of being over-zealous, has anyone ever seen a prosecutor sand bag for the defendant's benefit.

Tennessee lawyers should be disgusted by the allegations of unethical conduct of Mr. Gibson. These allegations discredit the legal profession and the criminal justice system.

Tennessee DUI Laws could get tougher for anyone pulled over on suspicion of drunk driving.

The AAA Club is lobbying for a law that would allow the Department of Safety to revoke your license if you fail or refuse to take a blood or breathalyzer test. Under the proposal, if you're pulled over, the officer takes your license and gives you a substitute that is good for 10 days. During the 10 day period you would be afforded a hearing on the revocation.

The Department of Safety would hold your license until that period expires, at which point they decide whether or not to suspend your license.

A spokesperson from AAA was quoted as saying the immediate license revocation, "has shown in 40 states to reduce drunk driving deaths and injuries. It has been shown as an effective counter measure to drunk driving, it's been shown as an effective deterrent to drunk driving." AAA has been pushing the administrative license revocation law since the early 90's.

The erosion of the accused's rights when dealing with allegations of a DUI charge seems to never end. What other criminal offense requires self-incrimination without the right to consult with an attorney?

Sevierville, Tennessee native Gary Wade is slated to be sworn in as Tennessee's newest Supreme Court Justice. Wade previously served as a judge in the Tennessee Court of Criminal Appeals. The swearing in ceremony will be held at the Sevier County Courthouse on September 22, 2006.

A Tennessee DUI slogan is drawing criticism from national organizations. Mother's against drunk driving believes the National Highway Traffic Safety Administration's new slogan, "Drunk Driving. Over the Limit. Under Arrest," is sending the wrong message to drivers.
MADD argues that the slogan suggests that drinking and driving is OK as long as drivers don't exceed .08 percent blood alcohol content, the limit at which a driver is presumed drunk under Tennessee law.

Tennessee DUI law was changed in 2003 lowering the presumption of an impaired state from .10 to .08. "We shouldn't lull driver's into thinking it's OK to drive right up to that limit," a MADD spokesperson said. "It shouldn't be .07, you're not drunk, and as soon as you hit the magic number .08, you are."

A Tennessee-based advertising firm, The Tombras Group, compiled 500 possible replacement slogans by brainstorming, searching the Internet and polling states and the American Beverage Institute, said Alice Mathews, senior vice president for Tombras.

A narrowed list of 40 slogans went before focus groups, which whittled the list down to "Drunk Driving. Over the Limit. Under Arrest" and "Drunk driving. Do the crime. Do the time." U.S. Transportation Secretary Maria Cino made the final decision.