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2 Juveniles Captured After Escaping from Nashville Facility

Posted by: Katharine Heriges on Jul 23, 2018
Two juveniles have been apprehended after escaping from a Nashville facility on Sunday, Fox17 reports. The pair, both 16-year-old boys, escaped from the G4S Academy for Young Men, a residential treatment program for youth offenders in need of Level 3 Continuum Special Needs Enhanced Juvenile Justice.

Appellate Court Upholds DUI Conviction for Former State Rep.

Posted by: Katharine Heriges on Jul 23, 2018
The Court of Criminal Appeals of Tennessee at Knoxville has upheld the 2015 DUI conviction of a former Rhea County lawmaker, the Rhea Herald News reports. The appellate court upheld the decision of the Rhea County Circuit Court in finding former State Rep. Jim Cobb guilty of driving under the influence. Cobb argued that the evidence was insufficient and that the trial court erred in denying his request for jury instruction on character witnesses. 

8 Apply for New Trial Court Position in 19th Judicial District

Posted by: Katharine Heriges on Jul 23, 2018
The Trial Court Vacancy Commission will consider eight applicants when it meets on Aug. 27 in Clarksville to select nominees for the Circuit Court judgeship in the 19th Judicial District, which covers Montgomery and Robertson Counties. The position is a new one, created by Chapter 974 of the Public Acts of 2018. The applicants are Robert Bateman, Charlotte U. Fleming, John B. Holt, Joe R. “Jay” Johnson II, Roger E. Nell, Kathryn Wall Olita, Elizabeth D. Rankin and Karen L. Willis. The Aug. 27 meeting will include a public hearing starting at 9 a.m. The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Haslam for his consideration.

8 Apply for Trial Court Vacancy in 20th Judicial District

Posted by: Katharine Heriges on Jul 23, 2018
The Trial Court Vacancy Commission will consider eight applicants when it meets on Aug. 29 in Nashville to select nominees for the Criminal Court judge vacancy in the 20th Judicial District, which covers Davidson County. This vacancy was created by the upcoming retirement of the Hon. Seth Walker Norman, who will end his service on Aug. 31. The applicants are Cynthia Chappell, David Paul DeWitt, Laura Clift Dykes, Dominic J. Leonardo, Thomas Jay Norman, Carrie Ann Searcy, Jennifer L. Smith and Rachel M. Stephens. The Aug. 29 meeting will include a public hearing starting at 9 a.m.  The commission is expected to vote immediately following the interviews and forward three names to Gov. Bill Haslam for his consideration.

Court Upholds Lindsey Lowe Conviction, But Finds Exclusionary Rule Reform Act Violates Separation of Powers Clause

Posted by: Katharine Heriges on Jul 20, 2018
In a unanimous opinion issued today, the Tennessee Supreme Court affirmed the convictions of Lindsey Lowe for first-degree murder and aggravated child abuse, stemming from the deaths of her newborn twins caused by her smothering the infants shortly after birth. Prior to trial, Lowe moved to suppress evidence obtained under a search warrant, but the trial court denied the motion to suppress, relying on the Exclusionary Rule Reform Act (ERRA). The Court of Criminal Appeals affirmed the judgments of the trial court, but in its ruling, the Supreme Court found that ERRA violates the separation of powers clause of the Tennessee Constitution, encroaching on the judiciary’s authority by legislatively mandating an exception to the exclusionary rule. However, the Court then adopted a good-faith exception to the exclusionary rule set forth in Tennessee Rule of Criminal Procedure 41 and upheld the trial court’s admission of the evidence seized under the search warrant.

TSC Reverses Trial Court's Exclusion of Evidence in DUI Case

Posted by: Katharine Heriges on Jul 20, 2018

The Tennessee Supreme Court reversed a trial court’s decision to exclude certain evidence obtained from a blood sample drawn from the defendant, Angela Faye Daniel. In this case, Daniel was arrested for driving under the influence, and she was transported to a medical facility for a blood draw. Although the arresting officer obtained a search warrant for the blood draw, the officer failed to leave a copy of the warrant with Daniel. The trial court suppressed the evidence obtained from the blood draw on this basis. On interlocutory appeal by the state, the Court of Criminal Appeals affirmed the trial court’s suppression of the evidence, as so the state appealed to the Tennessee Supreme Court. In its unanimous opinion authored by Chief Justice Jeff Bivins, the court held that a good-faith exception to the exclusionary rule applied in this case, given that any failure of the arresting officer to provide Daniel with a copy of the warrant was due to an inadvertent oversight and that the technical noncompliance did not prejudice her.

Amendment 1 Case Appealed to U.S. Supreme Court

Posted by: Katharine Heriges on Jul 20, 2018
Opponents of the 2014 ballot measure that removed the right to an abortion from the Tennessee constitution have appealed to the U.S. Supreme Court, The Tennessean reports. Amendment 1 added language to the constitution reading “nothing in this Constitution secures or protects a right to abortion.” The appeal to the Supreme Court challenges the state’s method of counting votes for the ballot measure as well as the legal tactics of attorneys in the office of the Tennessee attorney general.

Convicted Former Rutherford Sheriff Seeks Pardon from President Trump

Posted by: Katharine Heriges on Jul 20, 2018

Former Rutherford County Sheriff Robert Arnold, who pleaded guilty to wire fraud, honest services fraud and extortion last year, is now seeking a pardon from President Donald Trump, The Tennessean reports. His letter to the president claims he is a "political prisoner" who "wholeheartedly believe(s) that we were following the law and did nothing illegal." Arnold was convicted of profiting off of inmates through the sale of e-cigarettes in the Rutherford County Jail.

Haslam Considers Changes to Sentences for Brown, Irick

Posted by: Katharine Heriges on Jul 20, 2018
In the final months of his service, Gov. Bill Haslam is considering pardons, commutations or exoneration following requests from Cyntoia Brown and Billy Ray Irick, The Tennessean reports. Brown is serving a life sentence for a murder she committed at 16, when advocates say she was a victim of sex traffic who fought back in self-defense against a man who picked her up. Her case has received national attention from celebrities and criminal justice reform advocates. Irick is scheduled to die on Aug. 9 for the 1995 rape and murder of a child, but Irick is joining other death row offenders in challenging the constitutionality of the state’s proposed lethal injection method.

Tennessee Democrats Re-file Lawsuit Over GOP Candidate Switch

Posted by: Katharine Heriges on Jul 20, 2018
The Tennessee Democratic Party has refiled a lawsuit seeking to keep former state GOP Chairman Robin Smith off the ballot in the Aug. 2 primary ballot, Chattanoogan.com reports. In response, the Hamilton County Election Commission has called an emergency meeting for Monday at 9 a.m. Democrats are contending that there was no valid reason for incumbent Rep. Gerald McCormick to drop out of the race after the deadline. They originally filed the lawsuit in Davidson County, but saw it dismissed for being filed in the wrong venue. Hamilton County Chancellor Pam McNutt Fleenor has set the matter for a hearing for Aug. 6. McNutt Fleenor has a personal connection to the case — Smith served as a campaign advisor to her when she ran for judge in 2014.
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