March, protests support Rule of Law in Pakistan

Lawyers across the United States are rallying in support of Pakistani protesters who are opposing recent attacks on the Rule of Law in that country. The latest effort is a Washington D.C. rally organized for Wednesday by the American Bar Association. Tennessee attorneys can learn more about the protest here or protest electronically by adding their name to a TBA petition.

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Court: TCCA


Randall B. Tolley, Memphis, Tennessee, for the appellant, Larry Davis.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; William L. Gibbons, District Attorney General; and David Pritchard, Assistant District Attorney General, for the appellee, State of Tennessee.


This is a delayed appeal from a conviction for driving under the influence of an intoxicant (DUI). For this conviction, the Defendant, Larry Davis, received a sentence of eleven months and twenty-nine days in the Shelby County Workhouse. In this appeal, the Defendant raises several issues relating to the sufficiency of the evidence, focusing on whether the evidence was sufficient for the jury to determine that he was driving on a public road. The Defendant also contends that the State committed prosecutorial misconduct during closing argument by relating the complete language of the DUI statute to the jury, including driving in an apartment house complex. The Defendant also alleges error by the trial court's failure to take curative action after the State's comments. Finally, the Defendant argues that his arrest was not supported by probable cause because the misdemeanor offense was not committed in the officer's presence. Following a review of the record, we conclude that the evidence is sufficient to support the Defendant's conviction for DUI and that the Defendant's remaining issues are waived. The judgment of the trial court is affirmed.


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