Criminal Justice Section

The section was established to serve all elements of the criminal justice system, including state, federal and municipal prosecutors, judges with criminal jurisdiction, state and federal public defenders and those lawyers in private practice.

Schell & Davies LLC
509 New Highway 96 W Ste 201
Franklin, TN 37064
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Pratt Aycock, PLLC
705 Gate Lane, Suite 202
Knoxville, TN 37909

Court Upholds Officers' Seizures in DUI Cases

The Tennessee Supreme Court today upheld the constitutionality of officers’ seizures in two cases involving motorists crossing roadway markings. The cases involved a woman crossing the “fog line” in Williamson County and a man crossing a double-yellow line in Knox County. Both defendants were charged with DUI and sought to have evidence in those cases suppressed, claiming the officers’ basis for pulling them over was a violation of their constitutional rights prohibiting unlawful seizure. Read the unanimous opinions in State v. Linzey Danielle Smith and State v. William Whitlow Davis, Jr., both authored by Justice Jeffrey S. Bivins.

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Appeals Court Upholds Mississippi's Execution Method

The Fifth Circuit U.S. Court of Appeals Wednesday upheld Mississippi’s method of lethal injection, striking down arguments from death row prisoners who claimed the state’s drugs were not specifically approved by state law. The inmates argued that they “faced risk of excruciating pain and torture during an execution because they might remain conscious” after midazolam, a new drug recommended by the state, was administered. The judge said inmates will have to take up their issues with the method in state court. Read more from the Associated Press.

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