Tennessee Criminal Lawyer Blog

As discussed in our last blog, searches of persons, residences, or automobiles without probable cause or consent are presumed unlawful unless an exception is met. In a 2009 case styled State v. Turner, the Tennessee Supreme Court was asked to decide if a search of a parolee’s home without consent or probable cause was nevertheless a legal search due to the fact that the parolee had agreed to warrantless searches as a condition of her parole.

The defendant in Turner had been convicted of multiple felonies in Kentucky in 2002. She was paroled in 2005 and allowed to move to Tennessee. However, as a condition of her parole supervision being transferred to Tennessee, the defendant agreed to warrantless searches of her person, property, vehicle, or residence by any law enforcement officer at any time. Not surprisingly, the defendant’s home was later searched without reasonable suspicion and a handgun was found in her home, leading to the defendant’s arrest for being a felon in possession of a handgun. The defendant contended that the search was unreasonable under the Tennessee and the United States Constitutions. The Tennessee Supreme Court did not agree. Further details on the facts surrounding this case can be found in our previous blog article dealing with this case.

The Tennessee Supreme Court held that parolee’s have reduced privacy rights from those of ordinary citizens which in effect limit their expectations of privacy under the Fourth Amendment of the United States Constitution. Therefore, a warrantless search in the manner described above that is not based on reasonable suspicion that the subject of the search is involved in criminal activity will be permissible under the Fourth Amendment where two conditions are met. First, the parolee must have previously agreed to warrantless searches by law enforcement officials. Second, the searching officer must have prior knowledge of the parolee’s status as subject to such searches. Unfortunately, for the defendant, both of these requirements were met in her case.

Continue reading "Warrantless Searches: Exception for Parolees" »

In a case styled State v. Richards, the Tennessee Supreme Court recently dealt with the issue of warrantless searches. After receiving an anonymous tip that three individuals at a particular location were involved in drug trafficking, the officers traveled to that location, found four individuals gathered around a table and saw them engage in suspicious behavior. The fourth individual, who was apparently not named in the anonymous tip, was arrested only after a search of his person revealed narcotics in his possession. As a general rule, warrantless searches are presumed invalid unless the search meets one of several exceptions recognized by law. One such exception provides that a warrantless search is constitutionally permissible if the search is incident to a lawful arrest. For a search to be considered justifiable as incident to a lawful arrest, four criteria must be met:

1. The arresting officer must have probable cause to believe that the defendant had engaged or was [engaging in illegal activity]


2. The probable cause must attach to an offense for which a full custodial arrest is permitted


3. The arrest must be consummated either prior to or contemporaneously with the search


4. The search must be incident to, not the cause of, the arrest. State v. Richards, 286 S.W.3d 873, 878(Tenn. 2009).

Failure to meet any of these four conditions will mean that the search does not qualify for the exception and may be presumptively unlawful.

Continue reading "Warrantless Searches: Searches Incident to a Lawful Arrest" »

The United States Constitution gives a multitude of rights to those considered suspects in a criminal case. Unfortunately, many suspects are unaware of those rights. Prior to the landmark case of Miranda v. Arizona, which eventually made its way to the United States Supreme Court, law enforcement officials who intended to question suspects who were in custody for purposes of using the suspect’s answers at trial were not required to advise the suspect of his or her constitutional rights. In Miranda, however, the United States Supreme Court ruled that answers given by a suspect in police custody in response to police interrogation can only be introduced as evidence at trial if the suspect was informed (1) that he or she has the right to consult an attorney before and during questioning and (2) that he or she has a right against self-incrimination. The suspect must understand and waive these rights in order for statements made by the suspect in custody in response to interrogation to be admissible at trial.

In State v. Dailey, the Tennessee Supreme Court was recently faced with the issue of whether a confession given by a non-Mirandized suspect during police interrogation could be admissible at trial due to the fact that the suspect was later properly Mirandized and advised of his rights. In effect, the Tennessee Supreme Court was asked to decide if a failure to Mirandize could be cured by a proper Miranda warning given after the incriminating statements in question were made by the suspect. The Court properly ruled that no such cure is possible. The purpose of a Miranda warning is that the suspect knows his or her rights before making a potentially damaging admission or statement.

Continue reading "Tennessee Supreme Court Rules on Miranda Issue" »

DUI cases are a pretty common occurrence today, but it is not every day you see someone charged with a DUI for operating a forklift. A man from Fairbanks, Alaska pleaded guilty recently to just that after police caught him operating the machinery while drunk a couple of weeks ago as he was trying to pull two trucks out of a ditch. Apparently the man’s friend had gotten his truck stuck in a ditch which prompted the man to attempt to use his truck to free his friend’s vehicle. Unfortunately, the man’s truck also became stuck in the ditch after he attempted to pull his friend out, prompting the man to seek out the forklift to free both vehicles. As the man arrived with the forklift, the police showed up and, determining that both men were intoxicated, arrested both the man and his friend.

Tennessee’s DUI law states that a person can be guilty of DUI if they are operating an automobile or any other motor-driven vehicle on any public road, street, alley, parking lot, or any other place frequented by the public. As has been discussed before on this blog, the wording of the statute means that a DUI can be committed while operating not only an automobile, but also a go-cart, lawnmower, or even motorized bar stool. Since a forklift is motor-driven, it would also be covered by Tennessee’s statute. The penalty for a DUI charge is contained in T.C.A. §55-10-403 and increases with each successive DUI charge. The penalty for a first-time DUI offense is a possible fine of $350 to $1500, up to eleven months and twenty-nine days of incarceration, suspension of the offender’s drivers license for one year, and assignment to a roadway litter clean-up crew for a period of twenty-four hours to be served in three shifts of eight hours each.

It is never a good idea to drive a vehicle while intoxicated. It is an even worse idea to get that vehicle stuck in a ditch and then go get another vehicle while you are still intoxicated with which to pull the first one out of the ditch. It is also important to remember that the Tennessee statute covers any motor-driven vehicle, including vehicles like forklifts which are rarely driven on public roads (for good reason).

Source: http://newsminer.com/pages/full_story/push?article-Yes-+you+can+get+a+DUI+on+a+forklift+in+Fairbanks%20&id=5253084-Yes-+you+can+get+a+DUI+on+a+forklift+in+Fairbanks&instance=home_news_window_left_top_3

With a name that certainly got her teased at school, it is no wonder that Merry Christmas, a forty-four year-old woman from Boynton Beach, Florida, was in a bad mood when police showed up to investigate a public disturbance in a Florida neighborhood two Sundays ago. Apparently the police were called at around 6 p.m. to respond to the disturbance, and when they arrived Merry Christmas came out of the house and began shouting at another woman the police were interviewing. The police told her to step away from the victim but she did not; she also resisted an arrest attempt and the police officer reportedly had to bend her arm to take her down. She was charged with resisting arrest without violence, a misdemeanor in Florida.

This scenario begs two questions: First, is Merry Christmas the offender’s real name? Apparently, that seems to be the case and it is a happy coincidence that she picked the holiday season to get arrested. Second, what is the punishment for resisting arrest in Tennessee?

Much like Florida, Tennessee treats resisting arrest as a misdemeanor. Resisting arrest is part of the broader offense of resisting stop, frisk, halt, arrest, or search codified in T.C.A. §39-16-602. Resisting any of these law enforcement procedures is a Class B misdemeanor, punishable by up to six months in jail. However, if the offender uses a deadly weapon to resist the procedure, the offense is upgraded to a Class A misdemeanor which can land the offender up to eleven months and twenty-nine days in jail. If you have ever seen “Cops” or any other television show derived therefrom you know that resisting arrest is generally not effective and only results in harsher punishment. It is no defense in Tennessee that the offender believed the arrest to be improper or unlawful.

Source: http://www.palmbeachpost.com/news/crime/boynton-beach-police-arrest-merry-christmas-119652.htm

Some people are more easily angered than others. Some people seemingly take everything in stride, while others seem to overreact to every twist and turn life throws their way. If you are one of those who are angered a little too easily, driving during the holiday season may not be for you. The general chaos that surrounds parking lots at this time of year can lead to fights and arguments of all sorts as drivers jockey for premium parking spots. One such fight took a painful turn last Sunday as an eighteen year-old woman stabbed a man in the chest with an ice pick outside a Springfield, Missouri restaurant because she felt that the man had taken her parking space. He was taken to the hospital, but his injuries were not life-threatening. The personal injury consequences of the woman’s actions are discussed here.

In Tennessee, the woman would likely be charged with aggravated assault. A person can be charged with aggravated assault in Tennessee for a variety of conduct, including any time he or she intentionally, knowingly, or recklessly causes bodily injury to another person by using or displaying a deadly weapon. An ice pick would qualify as a deadly weapon, especially when it is in the hands of a self-entitled teenager who takes her parking a little too seriously. Intentional aggravated assault with a deadly weapon, the most likely charge that would face the teen in this scenario, is a Class C felony, punishable by up to fifteen years and a fine not to exceed ten thousand dollars. This is a harsh price to pay as a result of missing out on a good parking spot, especially when parking farther away would only set you back about five minutes or that it would probably cost about fifty bucks at the most to call a taxi that will drop you off right at the front door.

Source: http://www.news-leader.com/article/20091221/NEWS01/912210340/1007/Man-stabbed-by-ice-pick-in-beef-over-parking-spot

In what reads like part of a script from a good comedy movie, a woman has been charged with DUI after her escapades resulted in her trying to pay a police officer for her food at a Sonic drive-in. A 911 caller reported that the woman had nearly struck several vehicles while trying to navigate the complex obstacle course that is the Sonic parking lot before safely settling in a parking space. When the police arrived, they found the woman slumped over the steering wheel. When a police officer tried to get the woman’s attention, the woman does what any good customer at Sonic does and attempted to pay for her food by handing a $20 bill to the officer. The officer then informed the woman that she was a police officer, not a Sonic employee, but the woman remained undeterred and continued to try to offer the officer the $20 bill. The intoxicated driver was arrested and police found a syringe, a spoon with a white powdery residue, and numerous bottles of prescription medication in the car. She was charged with DUI and possession of drug paraphernalia.

DUI has been discussed fairly often on this blog, but possession of drug paraphernalia has not been examined too frequently. Tennessee makes it a crime to possess, use, or deliver drug paraphernalia. An extremely in-depth definition of what constitutes drug paraphernalia can be found in T.C.A. §39-17-402(12), but it basically means anything that is used in the growth, manufacture, packaging, or use of a controlled substance. The determination of whether or not an item constitutes drug paraphernalia is made upon the consideration of a number of factors, including but not limited to: any statements made by the person in control of the object, prior convictions of the person in control of the object for controlled substance offenses, the existence of any residue on the object, and the community’s perception of the object and it’s use. Possession of drug paraphernalia is a Class A misdemeanor, punishable by up to eleven months and twenty-nine days in jail. However, if such paraphernalia is delivered or manufactured or possessed with the intent to deliver, the offense is upgraded to a Class E felony, punishable by up to six years in prison.

Source: http://www.semissourian.com/story/1587285.html

Sexual exploitation of a minor is a crime that works to criminalize the production of child pornography, and is one that seems to be occurring with increasing frequency in Tennessee and around the country. Tennessee’s statute codifying especially aggravated sexual exploitation of a minor, T.C.A. §39-17-1005, reads in pertinent part:
(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.

Thus, the statute not only makes it a crime to engage in any of the six types of activity listed in T.C.A. §39-17-1005(a) but also provides that a person charged with the offense can be charged with a separate count for every single image, video, or other representation of child pornography in their possession, meaning that one individual could potentially be looking at hundreds of felony charges based on the amount of child pornography that is in his or her possession. Especially aggravates sexual exploitation of a minor is a Class B felony, punishable by up to thirty years in prison and a fine of $25,000.

One ray of hope for a defendant facing such charges is the fact that evidence such as child pornography that is seized from a defendant’s computer or home may be subject to suppression if the search that led to the seizure of the evidence was unconstitutional. Simply put, law enforcement officers must either have (1) consent by a person entitled to give consent to search the property or (2) a valid search warrant supported by an affidavit showing probable cause that evidence of the crime will be found in the place to be searched. Whether a search was in fact unconstitutional will depend on the circumstances of the case, but if the search is deemed unconstitutional it is possible that the entirety of the evidence of the defendant can be suppressed, leaving no such evidence available for use by the prosecution at trial.

A New Zealand teen recently provided a perfect example of why disorderly conduct is considered a criminal offense. The teen, apparently under the influence of alcohol, decided that it might be fun to stand in the median of a four-lane highway and expose herself to drivers that passed. While this may seem like a plan that could not possibly go wrong, the prank turned a little less funny for the teen after she was hit by a driver who was distracted by her exhibition as she was trying to cross the road. The police inspector assigned to the case told the press that the girl was extremely lucky that the driver who hit her had slowed down because of her behavior. Although the girl rolled up onto the hood of the car and cracked the car’s windshield, she suffered only minor injuries. She was charged with disorderly behavior for her efforts. The personal injury consequences of her conduct are discussed on our injury law blog: http://www.tennesseeinjurylawyerblog.com.

The teen’s actions would constitute disorderly conduct in Tennessee. A person can be charged with disorderly conduct in this state any time they, in a public place and with intent to cause public annoyance or alarm, create a hazardous or physically offensive condition by any act that serves no legitimate purpose. Clearly the teen was in a public place and intended to cause a public annoyance when she was standing beside the road flashing passersby. The act’s hazardous effect is made obvious by the fact that the teen’s conduct sufficiently distracted a nearby driver to the point that he hit the teen with his car. The act also seems to have served no legitimate purpose, as it is hardly a legitimate purpose to prank passing motorists by showing them one’s private parts. Thus, the teen would more than likely be found guilty of disorderly conduct in Tennessee. Disorderly conduct is a Class C misdemeanor, punishable by up to thirty days in jail and a fine of $50.

Source: http://www.denverpost.com/watercooler/ci_14010425

If you have driven a motor vehicle for very long, you have undoubtedly come across someone like Christopher Tilas of Ocean Township, New Jersey. Mr. Tilas, like many drivers, is apparently far too busy to drive behind your car at the speed of your choosing and will attempt to pass you anytime, anywhere. If unable to complete the pass in a quick and efficient manner, the driver will become frustrated and will usually begin to tailgate you and express their displeasure in a less-than-appropriate manner. Unfortunately for Mr. Tilas, the manner he chose in which to express his displeasure with the slow driver in front of him was not only inappropriate but was also illegal.

Mr. Tilas allegedly pulled up beside the lady in front of him, who he had been unable to pass, and threatened her with a knife. He then pulled up beside her again but retreated when he noticed she was on the phone talking to someone. Unfortunately for him, that someone was the police. After the phone call was made, an officer later spotted Tilas and pulled him over. After a knife was found in his car, Mr. Tilas was arrested. He has been charged with aggravated assault and two weapons offenses.

Continue reading "Impatient Driver Charged with Aggravated Assault" »

Around this time of year, a popular hobby for kids around the world is to try to catch a glimpse of Santa Claus or maybe even catch up with him for a brief visit and discussion about what toys they would like to get for Christmas. In keeping with the Christmas spirit, a policeman from Sparta, Wisconsin received a call that Santa had been spotted and rushed to find him immediately.

Unfortunately for Santa, the cop found him and immediately issued Santa a ticket for violation of the Open Container Law. Apparently someone had seen what appeared to be a drunk driver operating a vehicle with someone dressed as Santa in the passenger seat. Once the drunk driver pulled over, a witness saw Santa stumble over to some kids, give them a hug, and ask them where his reindeer were. Luckily for Santa, he did not find the reindeer or he could be looking at a DUI charge as well.

Continue reading "Santa Claus Cited for Violation of Open Container Law" »

A Milwaukee teacher is looking at a disorderly conduct charge after she cut off one of her student’s braids because the student would not stop playing with it in class. Apparently the teacher asked the student to stop playing with her hair and when the student did not stop doing so, the teacher used a pair of classroom scissors to cut off the hair. The teacher told the girl’s angry mother that she did it because she was frustrated. After the teacher cut off the hair, the girl apparently returned to her desk crying while the other students laughed at her and ridiculed her. The mother, naturally, was incensed at the teacher’s conduct and confronted the teacher and the school system about the teacher’s actions. Thus far, the teacher has been allowed to remain on staff, but the girl has been moved to a different classroom. The district attorney declined to file more serious charges, but the police issued the teacher a $175 ticket for disorderly conduct.

In Tennessee, the teacher could definitely be charged with disorderly conduct but could also be charged with assault. Disorderly conduct is chargeable any time a person creates, with the intent to cause public annoyance and alarm, a hazardous or physically offensive condition that serves no legitimate purpose. Clearly, the teacher’s act of cutting off the girl’s braid would be considered physically offensive and venting one’s frustrations is not usually a legitimate purpose. Disorderly conduct is a Class C misdemeanor, punishable by up to thirty days in jail and a fifty dollar fine in Tennessee.

Continue reading "Teacher Cuts off Girl's Braid in Front of Classroom" »

Whether it be in the family home, a college dormitory, or a nursing home or assisted living facility, living with a roommate can often be a contentious situation. Every person has a certain way he or she likes to enjoy being at home, and roommates often fight about issues such as noise, space, organization, and cleanliness. In cases where the roommates are free to explore other living arrangements, such disagreements usually result in the roommates deciding to live elsewhere. In cases where roommates are not free to live somewhere else (brothers who share a room in the family home, e.g.), these disagreements often result in physical and verbal confrontations; rarely, however, do such confrontations turn deadly.

Unfortunately, such a confrontation did turn deadly in Massachusetts recently, with a ninety-eight year-old woman being accused of strangling her one hundred year-old roommate in a Massachusetts as a result of a disagreement about a bedside table. The victim was found dead with a shopping bag tied loosely around her head and an autopsy indicated that she had been strangled. The nursing home was aware that the table had been a source of controversy, with the victim complaining that the table obstructed her path to the restroom. The victim had also been complaining that her ninety-eight year-old roommate was making her life miserable in the weeks leading up to the apparent murder. The nursing home says it presented the victim with the chance to change rooms twice, but that the victim declined. A nursing home spokesman also said the two were like “sisters.” The ninety-eight year-old accused of the murder has been indicted on a second degree murder charge.

Continue reading "Ninety-Eight Year-Old Woman Accused of Strangling Centenarian Roommate" »

Anyone who has ever been to the hospital knows that the wait times can be extremely long, making for a frustrating experience. Twenty-eight year-old Mindy Jones of Del City, Oklahoma was experiencing that same frustration early Friday morning when she decided she had had enough and was ready to go home. Unfortunately for Ms. Jones, she did not have a vehicle at the hospital because she was there awaiting a blood test after being arrested for DUI following a hit-and-run. Ms. Jones, operating on “no car, no problem” philosophy, refused to be deterred and decided that she would just grab a spare ambulance from the hospital parking lot and drive herself home. After leading police on a fifty-mile chase from the hospital to her home, she politely parked the ambulance in her driveway before being arrested. Her deep remorse became evident when, upon being arrested in her driveway, she told reporters that she “had the ambulance and had a pretty good time driving it.”

Ms. Jones will obviously face a variety of charges, but one that is not often dealt with is the offense of joyriding. Joyriding is the unauthorized use of automobiles or other vehicles and is chargeable any time a person “takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.” The lack of intent to deprive the owner of the vehicle is included in the definition to distinguish the offense of joyriding from the offense of theft, which is where someone takes another’s vehicle with the intent to deprive them of that vehicle permanently.

Continue reading "Woman, Tired of Waiting at Hospital, Steals an Ambulance to Drive Home" »

Few things are capable of inflaming the passions of the populace like sports. This is especially true when it comes to college football, which has a more passionate fan base than most. Thus, it is not at all uncommon to see fights and arguments break out during important games or rivalry games, especially when the ending to those games is a controversial one. Last Saturday’s Big 12 Championship Game between the University of Texas and the University of Nebraska (both of which have extremely loyal and passionate fanbases) seemed an exceptionally favorable situation for such disputes, with the game deciding whether or not Texas would play for the BCS Championship. Unfortunately, such a dispute did occur and turned deadly.

Perhaps the saddest aspect of this dispute is that it was reportedly between friends, both Marines, who were scuffling around as a result of some smack-talking that took place after the game. The two men apparently got into it a little bit after the game’s controversial finish, and one of the men happened to have a firearm that discharged during the fracas. The shot proved fatal, killing the man’s friend. The gun owner has been charged with involuntary manslaughter.
In Tennessee, the man would probably be charged with criminally negligent homicide, which has replaced the crime formerly known as involuntary manslaughter in Tennessee. To be guilty of criminally negligent homicide in Tennessee, a person must be guilty of criminally negligent conduct that causes the death of someone else.

Continue reading "Man Dies in Argument over Football Game" »

A Panama City man recently took desperate measures to avoid the wrath of his wife, telling the police that he had been robbed in order to avoid having to tell her he had spent too much money. The man apparently called police and reported that he had just been attacked outside a store by a person dressed in black who made off with one hundred dollars of the man’s money (at least his story wasn’t generic).

Unfortunately for the man, the surveillance tapes from the store at which he had just finished shopping showed him leaving the store and sitting in his car for a little while before coming back into the store to make the phone call, proving that he had not actually been robbed. The man admitted to police that he had concocted the story in order to avoid having to tell his wife that he had actually spent the money. He was arrested and charged with filing a false report.

Continue reading "Man Lies About Robbery Out of Fear of Wife" »

Fifty-three year-old Elsie Egan of Marion County, Florida is particular about her menu. So particular, in fact, that she used a raw steak to beat some sense into her long-time boyfriend Peter on Tuesday for disagreeing about what type of bread the couple would have at dinner. Elsie wanted Peter to eat sliced bread, while Peter wanted rolls. He should have just settled for the sliced bread. Apparently the disagreement became heated and Elsie began hitting Peter on top of the head with an uncooked medium-sized steak. Egan denies wielding the deadly steak but does admit to slapping Peter several times so that he could learn the error of his ways. She is facing felony domestic abuse charges.

For purposes of classifying this conduct in Tennessee, it would be necessary to determine if a steak was considered a deadly weapon. Domestic abuse is punished equivalent to assault in Tennessee and assault with a deadly weapon is classified as aggravated assault. Red meat, while linked to heart disease and various other maladies, may not be the type of deadly weapon contemplated by the Tennessee statute, but it is debatable. The definition of deadly weapon in Tennessee includes “[a]nything that in the manner of its use or intended use is capable of causing death or serious bodily injury,” which technically means that if you used a steak to beat someone to death it might be considered a deadly weapon. That seems to be the way it was interpreted by the Florida authorities which led to the felony domestic abuse charges against Ms. Egan.

Continue reading "Woman Assaults Boyfriend With Uncooked Steak" »

A Canadian couple was seemingly arrested for trying to obey the law last week when they were arrested while waiting on a designated driver service to pick them up. The couple was apparently quietly standing together hand-in-hand on a street corner outside a karaoke bar in the Toronto area while waiting on their ride when a policeman showed up and promptly cited them for public intoxication.

This is apparently a pretty frequent occurrence in the Toronto area as other similar stories have also emerged in which Toronto citizens claim that they have called a designated driver service only to have the police show up at the same time and issue them a ticket for public intoxication before they can get in the taxi to go home. The policemen in the area seem to be simply following the designated driver service vehicles to their destinations and immediately arresting the patrons for public intoxication. That is a great way to issue a bunch of citations, but probably the dumbest possible way to fight the dangers of alcohol abuse. This is not only an unfair practice, but one that will doubtless force ordinarily responsible drivers to risk driving home while under the influence in order to avoid the inevitable citation that will occur should a responsible citizen choose to call a designated driver service.

Continue reading "Couple Cited for Public Intoxication While Waiting on Designated Driver" »

The grisly murders of Channon Christian and Christopher Newsom have led to a series of trials that is still ongoing, with two of the defendants already being convicted and sentenced and a third currently on trial. Attorneys for George Thomas, the defendant currently on trial, plan to file a motion for acquittal under Rule 29 of the Tennessee Rules of Criminal Procedure which basically asks that the court make a finding that the evidence presented against the defendant is insufficient to convict the defendant of one or more of the offenses with which he or she is charged.

This is a motion that is commonly used but infrequently granted because the discretion to weigh the evidence and make a determination as to guilt or innocence ordinarily rests with the jury. However, it is a valuable tool for Tennessee defense lawyers as an attorney could potentially get one or more charges dismissed against a defendant merely by filing a motion if the prosecution’s proof has shown to be inadequate.

Continue reading "Defendant in Christian-Newsom Murders to Move for Acquittal" »

For whatever reason, carjacking offenses seem to be frequenting the headlines as of late. A carjacking recently dominated the news in East Tennessee when it was the first act allegedly committed by the defendants in the Christian-Newsom murders in Knoxville in order to kidnap the victims. More recently, the daughter of Tennessee Senator Bob Corker was the victim of a carjacking while traveling to her family’s apartment in the Washington D.C. area. She apparently stopped at an intersection when she was approached by someone, dragged from her Chevy Tahoe, and thrown to the ground. The suspects then drove off in the Tahoe, but it was found later that night and the suspects were arrested.

Carjacking is appropriately classified under the “robbery” offenses in Tennessee’s criminal code. It is defined as the intentional or knowing taking of a motor vehicle from the possession of another by the use of force, intimidation, or a deadly weapon. Throwing someone to the ground and stealing their car would thus fall clearly within the language of the statute.

Continue reading "Senator's Daughter Victim of Carjacking" »

Everyone is familiar with the old adage that there is nothing like a mother’s love, and it has proven to be true time and time again. An East Tennessee policeman found that out the hard way when his attempt at arresting the thirty-nine year old man from Andersonville, Tennessee resulted in the mother of the arrested individual catching him flush in the face with a haymaker. The policeman said that the mother followed him from her home in Andersonville to the jail in Clinton and demanded her son be released, a tactic that one would have to assume has about a zero percent success rate. When the officer refused to hand over her baby boy, the lady channeled her inner Ali and socked the cop right in the kisser. She is facing numerous charges including assault.

The law provides that a person commits assault in Tennessee who:

1. Intentionally, knowingly or recklessly causes bodily injury to another;


2. Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or


3. Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.

Continue reading "Mother Arrested for Assaulting Police Officer" »

Bell-ringers from the Salvation Army are synonymous with Christmas and one can find them in front of virtually any major storefront this time of year, donating their time and effort in an attempt to raise money to help the less fortunate. Apparently one of the less fortunate decided to help themselves last Saturday evening, to the money that is. A 44 year-old man named Shawn Krieger of Toledo, Ohio pushed a Salvation Army bell-ringer down last Saturday and absconded with her kettle of donations. The man, obviously filled to the brim with the holiday spirit, remarked “I can’t stand you and your bell-ringing. I hate Christmas,” before getting away with an estimated $500. He was later arrested and charged with robbery.

While there is nothing illegal about not being in the Christmas spirit, there is something very illegal about robbery. Robbery in Tennessee is defined as “the intentional or knowing theft of property from the person of another by violence or putting the person in fear.” Clearly the man’s thievery of the Salvation Army’s money kettle would apply since he pushed the bell-ringer to the ground before taking her kettle. Robbery is a Class C felony in Tennessee, punishable by three to fifteen years in prison and a fine of up to $10,000. Robbery committed under the circumstances described above may also subject the offender to receiving a stocking full of coal.

Continue reading "How the Grinch Stole...Money from the Salvation Army" »

Few things are more annoying in life than when you go to all the trouble to break into a house so you can have a nice shower and then the residents come home early and ruin it. A man from Clearwater, Florida found himself in this situation recently, and when asked by the residents what he was doing in the home, the man gave the first reasonable answer that popped into his head: President Obama let him in. Presidents generally get a lot of blame and credit for things that are not their fault, but it is highly unlikely that President Obama makes a habit of going around letting burglars into peoples’ homes, especially considering that he has had security issues to worry about at his own home as of late. The wisecracks didn’t stop there, however; the man seemingly fancied himself somewhat of a stand-up comedian, telling police that “the Yellow Brick Road brought him to Crestview.” Hilarity ensued.

Burglary in Tennessee of a habitation is considered aggravated burglary and is a Class C felony, punishable by up to fifteen years in prison and a fine not to exceed $10,000. A “habitation” under Tennessee law is basically any building that is designed or adapted to provide overnight accommodations for a person.

Continue reading "Burglar Tells Residents Obama Let Him In" »