Tennessee Criminal Lawyer Blog

The criminal and civil trial lawyers at Baker Associates are dedicated to serving the people of Tennessee. The negativity surrounding E. coli has been the recent topic of many news reports and discussions throughout Tennessee and the nation.

First, there was the multi-state outbreak of E. coli O157:H7 infections from spinach. The FDA announced that all spinach implicated in the outbreak was traced back to Natural Selection Foods LLC of San Juan Bautista, California. This determination was based on epidemiological and laboratory evidence obtained by multiple states and coordinated by the Centers for Disease Control and Prevention. The 26 affected states were: Arizona (7), California (2), Colorado (1), Connecticut (3) Idaho (4), Illinois (1), Indiana (9), Kentucky (8), Maine (3), Maryland (3), Michigan (4), Minnesota (2), Nebraska (9), Nevada (1), New Mexico (5), New York (11), Ohio (25), Oregon (6), Pennsylvania (9), Tennessee (1), Utah (17), Virginia (2), Washington (3), West Virginia (1), Wisconsin (49), and Wyoming (1). In addition, Canada had one confirmed case.

After the E. coli spinach scare, taco-bell was host to numerous E. coli O157:H7 infections. The Centers for Disease Control and Prevention reported that the number of people infected with the dangerous O157:H7 strain was more than 70. Most of those cases have been linked to Taco Bells in New Jersey, New York, Pennsylvania and Delaware.

Infection with E. coli O157: H7 causes diarrhea, often bloody. Although most healthy adults can recover completely within a week, some people can develop hemolytic uremic syndrome (HUS), a form of kidney failure. HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death.

Now, the USDA issued a notice about a recall of 21.7 millions pounds of frozen ground beef patties due to E. coli O157: H7 contamination. Only time will tell how many people are injured this time. The corporations that sell these contaminated products are often sued civilly.

Although civil suits may help the victims and family members financially, the responsible people should not be able to hide behind the corporate shield of liability. The companies who profit from the sale of all consumer goods including food products must be held to the highest standards. Food is a necessity, not a luxury. E. coli O157: H7 harms people, and the legislature should consider holding these wrongdoers criminally responsible.

Baker Associates is committed to fighting to protect families and their children. If you or your family has been injured by E. coli O157, consult with one of our attorneys. Our E. coli lawyers handle E. coli cases across Tennessee including Knoxville, Nashville, Memphis, Johnson City, Morristown, Maryville, and Sevierville.

Most people have experienced the frustration of flying. California Representative Bob Filner is no exception. The eight-term encumbent chairs the House Veterans' Affairs Committee, a Committee that has been examining veteran patient care and post-traumatic stress disorders among other issues this term. He allegedly was involved in an altercation with a United Airlines employee at Dulles International Airport Sunday afternoon after his luggage did not arrive in the claims area fast enough.

The Metropolitan Washington Airports Authority police say that Filner attempted to enter an area not authorized to the general public. He then pushed an airport employees outstretched arms and refused to leave.

The employee decided to press charges and appeared before a Loudoun County, Va. magistrate the same evening. Filner is summoned to appear in Loudoun County General District Court on October 2nd to face assault and battery charges. Assault and battery are misdemeanors in Virginia.

Filner is currently on his way to Iraq to visit the troops. His office made a statement late Monday that he would have a full statement about the matter when he returns.

Sources: Foxnews.com
news.yahoo.com

The Atlanta Falcons quarterback and three other individuals were recently charged with competitive dogfighting, training pit bulls for fighting and conducting the operation across state lines. The operation was named "Bad Newz Kennels," according to the indictment, and the dogs were housed, trained and fought at a property owned by Vick in Surry County, Va. The 19-page federal indictment, filed in the U.S. District Court for the Eastern District of Virginia, alleges the 27-year-old Vick and his co-defendants began the dogfighting operation in early 2001.

Although dogfighting is illegal in every state, the severity of the crime differs among the states. Idaho and Wyoming are in the minority making dogfighting only a misdemeanor. All other states have elevated the crime to a felony. According to Tennessee law, it is unlawful for any person to own, possess, keep, use or train any dog for the purpose of fighting. It is further unlawful to be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for such fighting, baiting or injuring of any animal, with the intent to be present at such exhibition, fighting, baiting or injuring. Tenn. Code Ann. § 39-14-203 (2007). Noncompliance with the first section of the statute is a Class E felony unless the violation involves a cock. An offense involving a cock is a class A misdemeanor.

If you are facing a criminal charge in Tennessee, it’s important for you to understand the long-term implications of a conviction. A Tennessee attorney can help you deal with your legal options and bring your situation to the best resolution possible for you and your family.

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/

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.