Friday, March 19, 2010

New Supreme Court Cases

Check out two new cases from the Tennessee Supreme Court. These are big.

State v Talley involves whether a condo resident had a reasonable expectation of privacy in a commonly owned interior hallway. He did not.
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/101/SC%20State%20v%20Wm%20Glenn%20Talley%20OPN.pdf

State v Turner involves Miranda warnings. The Trial Judge ruled against the State and suppressed admissions. He believed the waiver was equivocal. The Court decided otherwise that the offender waived his right to silence.

http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/101/SC%20State%20v%20Thomas%20L%20Turner%20II%20opn.pdf

Let's give credit where it is due. Prosecutors Deborah Housel and J Paul Newman fought through these issues at the trial level.
Assistant Attorney General Mark Fulks handled these on appeal. Thanks to their efforts we have precedents that will help us with these situations for years to come.

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