Tennessee Criminal Lawyer Blog

On June 4, the senate in Tennessee overrode Governor Bredesen’s veto of HB 0962/SB 1127—the so-called “guns-in-bars law.” The new gun crimes law in Tennessee will take effect on July 14.

Under current Tennessee law, a person cannot possess a firearm in a building open to the public where alcoholic beverages are sold, unless the person is designated to protect customers or is a law enforcement or military officer in “discharge of official duties.” A violation of the current law is a Class A misdemeanor.

The new law adds another exemption for people who have a hand gun carry permit, and

• The person is not consuming alcohol; and


• The establishment is open to the public and serves alcoholic beverages; and


• The establishment does not restrict admission to persons who are age 21 years or older by checking patrons' identifications.

As you can see from reading the revised statute, the “guns-in-bars law” is not as sinister as many would suggest. First, contrary to popular belief, this law does not change the prohibition of guns in public parks, though such law is currently on the table. Second, the exemption does not apply to those establishments that check identifications. So, many establishments—especially the bars in downtown Knoxville—will be excluded. Next, the exemption does not apply to permit owners who possess a weapon and consume alcohol. The gun carrying guy who wishes to have a beer at the neighborhood Applebee’s would therefore have to leave his gun in the car.

As is often the case when a new bill is passed, misconceptions and rumors abound that serve to misinform you about your rights and responsibilities under the laws of Tennessee. At Baker Associates, we do everything possible to strengthen our client’s position by staying informed and receiving the most up-to-date training available. If charged with a gun crime in Tennessee, give our skilled Knoxville criminal defense attorneys a call at 866-853-2888 for a free consultation.

On May 19, the Tennessee House passed an amendment to Senate Bill 539, removing language creating two distinct offenses for assault or aggravated assault on a police officer. Instead, the amendment, if passed, would simply double fines. Thus, the fine for assault in Tennessee on a police officer would be $5,000, and aggravated assault would carry a fine of $15,000.

Proponents of the bill say that the dangerous duties performed by officers warrant building a stronger deterrent into the law against attacks upon them. Opponents, like Senator Frank Nicely of Strawberry Plains, say that assault simply comes with the territory. “If you’re going to milk cows, you’re going to get kicked every now and then,” he stated. (Source: Knoxville News Sentinel, May 20, 2009).

What is assault? Under present law, a person commits assault 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.

Aggravated assault generally involves the above unlawful acts plus evidence that the assault caused serious bodily injury; or a deadly weapon was used during the commission of the assault. The new law would simply raise the fines if these offenses were committed against a police officer.

If you have been charged with assault or aggravated assault against a police officer in Knoxville, Pigeon Forge or surrounding areas, you will want an attorney with the skills and experience to build an effective defense. Call the skilled Knoxville criminal assault attorneys at Baker Associates today for a complete case evaluation.

The General Assembly passed a proposal—SJR 127—to amend Article 1 of the Tennessee Constitution. If passed, the amendment could open the door for changes to Tennessee criminal abortion laws. The proposal reads,
“Nothing in this Constitution secures or protects a right to abortion, except in cases involving rape or incest or in cases where the procedure is medically necessary to save the life of the pregnant woman. Nothing in this Constitution requires the funding of an abortion. No person shall perform a partial-birth abortion.”

How might this change existing abortion Tennessee criminal law? By reading the amendment, one might think that it would allow the General Assembly to pass a blanket law banning abortion. Since states are also bound by the Federal Constitution and Supreme Court decisions interpreting the Constitution (particularly Roe v. Wade and Planned Parenthood v. Casey), it is unlikely that the General Assembly would attempt to pass such a bill unless it wanted to launch a full-scale assault on settled federal law. (Given the conservative bent of the Supreme Court, this is not outside the realm of possibility.)

What it might change is the Tennessee Supreme Court decision that struck down a statutory requirement that an abortion must take place in a hospital when it is performed after the first trimester. In coming to this decision, the Supreme Court held that Article 1 of the Tennessee Constitution guaranteed a pregnant woman a right of privacy, which includes the right to have an abortion. Requiring a woman to have her abortion in a hospital, the Court held, violates this right. If the Constitution is changed, however, the reasoning of this case would no longer apply, and law enforcement would be free to enforce the hospital requirement.

On the Internet, as is often the case, there is much misinformation regarding the Amendment. Without publishing the text of the Amendment, Planned Parenthood stated, [i]t is a dangerous, extreme, and deceptive measure [that] makes no exception for rape, incest or health of the mother.” This is absolutely false. When it was initially proposed, the proposal stated that the “people retain the right [to enact legislation under] circumstances of pregnancy regarding rape, incest or health of the mother.” While this could be read as a clandestine effort to open a door to remove the infamous health exception, the revised language shuts this door completely when it states, “except in cases…where the procedure is medically necessary to save the life of the pregnant woman.”

The abortion proposal will be up for a second vote in 2011 when it will have to pass the House by a two-thirds majority. Only then can it move forward to a gubernatorial ballot. While the amendment seems a long way off, the culture war is just heating up. As such, there will be much misleading information on what is and what is not an abortion crime in Tennessee. If you have been charged with such a crime, you will want a criminal defense attorney with the knowledge necessary to help you understand your case. Call the experienced Knoxville criminal defense attorneys skilled in abortion crimes at Baker Associates today so that we can help you mount the best possible defense.

Under present law, first degree murder in Tennessee is:
• A premeditated and intentional killing of another;
• A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
• A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

Senate Bill 1093 expands first degree murder as homicide crimes in Tennessee by including within the actions that constitute first degree murder the killing of another while committing domestic abuse if there was a past pattern of abuse upon the victim or another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life.

Under Tennessee domestic abuse law, domestic abuse victims include:
• Adults or minors who are current or former spouses;
• Adults or minors who live together or who have lived together;
• Adults or minors who are dating or who have dated or who have or had a sexual relationship,
• Adults or minors related by blood or adoption;
• Adults or minors who are related or were formerly related by marriage.

To constitute extreme indifference to human life, the defendant’s conduct must be so lacking in concern for the lives of others that it warrants the same criminal liability as if the crime was done for the purpose of taking life.

If charged with first degree murder, you are facing the most severe punishments available under Tennessee law. Sentences can include life in prison or even the death penalty. This is why you will want a skilled attorney who has had considerable success in defending people who have been accused of this most serious crime. Call the experienced Knoxville assault attorneys today at Baker Associates for a free and comprehensive case evaluation.

Tennessee State House Representative Joe Town, Jr., recently proposed House Bill 2083, which would criminally penalize anyone who knowingly wears pants below the waistline to show underwear or buttocks. According to KnoxNews.com, similar bills have been proposed in South Carolina and Louisiana.

A first offense yields a Class B misdemeanor, punishable by a fine of 200 dollars and 40 hours of community service. Subsequent offenses go as high as a 1000 dollar fine and 160 hours of community service.

The fiscal summary predicts that the bill will produce over 100,000 dollars. These proceeds are earmarked for new equipment for Tennessee schools.

The Constitutional issues that the new law invokes will likely prevent the “anti-crack” bill from becoming law. The First Amendment, for instance, grants individuals a right to freedom of expression, a concept that just may include fashion. The equal protection clause of the Fourteenth Amendment may also be invoked because the new law may unfairly target minorities—particularly those who live in Shelby county where Representative Towns resides.

The Constitutional concerns of the new bill reveal themselves in a quote by the author of the South Carolina bill, Senator Robert Ford. He stated, “[w]e want Americans to look decent…it doesn’t make sense for anybody to be looking like a thug.”

If you have been charged with a crime in Tennessee, the skilled Knoxville criminal defense attorneys at Baker Associates can help. Call 866-853-2888 for a case evaluation.

The Tennessee Bureau of Investigation Statistics Unit recently released its annual crime report for 2008. The following provides some of the highlights of that report.

Group A offenses dropped 2.9 percent from 2007 with a total of 619,465 crimes. Group A offenses consist of crimes against persons (e.g., murder and assault), property crimes (e.g., burglary and arson), and crimes against society (e.g., drug offenses and prostitution).

Among the Group A offenses, property crimes were in the majority at 61.3 percent. Of these, theft was the most common offense reported (44.4 percent), followed by vandalism (19.3 percent) and burglary (17 percent). Credit card fraud showed the most increase from previous years rising 34.5 percent from 2006. White males committed the majority of all property crimes.

Personal crimes consisted of 27.2 percent of all Group A offenses reported. Of these, simple assault made up a majority (56.4 percent), followed by intimidation (19.4 percent) and aggravated assault (18.8 percent). Murder rounded out the bottom at .02 percent of all Group A offenses reported. White males also committed the majority of these crimes.

Crimes against society (sometimes called “victimless” crimes) consisted of 11.2 percent of all Group A offenses reported. Of these, drug and narcotic violations in Tennessee made up the majority (59.5 percent), followed by prostitution (27.6 percent), and weapons violations (8.6 percent). White males committed the majority of these crimes.

Some surprising statistics in the report:
• Juveniles comprised 10.3 percent of all arrests.
• Crime rate per 100 thousand people was 10,066 for 2008.
• Arrest rate per 100 thousand people was 5,907 for 2008.

If you have been charged for violating any of the crimes referred to above or any other crime, it may be in your best interest to contact a skilled criminal defense lawyer in Pigeon Forge. At Baker Associates, our Tennessee criminal defense attorneys will aggressively defend your rights and ensure that you understand the complexities of your case. Call us today for a comprehensive evaluation.

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.