Friday, August 27, 2010
The Defendant challenged the sufficiency of the evidence and the admission of a 9-1-1 call as an excited utterance.
Read the full decision at:
"Being a locally owned company, we are very committed to being good neighbors and being a positive influence in our community," said George Huddleston, president.
"CADCOR provided the training to our employees on responsible alcohol sales through their TIPS training program, which enabled us to achieve this certification for each store employee and reduce the possibility of sales to underaged or intoxicated customers, thereby enhancing safety and quality of life for all of us." (reprinted from Clarksville Daily News June 27, 2010)
Businesses that eliminate sales to underage drinkers or intoxicated persons do us all a big favor. Maybe, just maybe, someone did not suffer injury or death, because this company is proactive.
Thanks to CADCOR for making this possible.
Tuesday, August 24, 2010
The force of the crash broke the car into 3 pieces. See it at:
Wednesday, August 18, 2010
Tuesday, August 17, 2010
Monday, August 16, 2010
From the Maryville Daily Times:
I discovered this news on the Lexington, Ky DA's website and thought you might want to know about it:
Ta Kisha Fitzgerald and Leland Price were honored by the National District Attorneys Association (NDAA) in a ceremony at it’s annual conference in California.
The “Home Run Hitter’s Club” recognizes exemplary effort by America’s prosecutors in the search of justice in some of the nation’s most horrendous crimes.
Both Ms. Fitzgerald and Mr. Price were inducted into NDAA’s “Home Run Hitter’s Club” for their exemplary prosecution of four defendants who committed a horrendous case involving the murder and rape of two University of Tennessee students.
THE FACTS OF THE CASE:
In Knoxville, Tennessee, on January 6, 2007, Channon Christian, age 21, and Chris Newsom, age 23, while on a date, were carjacked at gunpoint by three men. Blindfolded and bound, they were taken to a nearby house where a woman was waiting. Soon after, Chris, still bound, was led to secluded railroad tracks nearby, where he was anally raped, shot execution style in the back of the head, and his body doused with gasoline and burned. Channon, held captive at the house for 24 hours, was raped repeatedly and brutally beaten and kicked. At the end of the ordeal, she was hog tied and stuffed into a trash can, causing death by suffocation. The perpetrators then fled.
By the end of May, 2010, the ringleader, Lemaricus Davidson, was convicted of four counts of first-degree murder and given four sentences of death. George Thomas was convicted of four counts of first-degree murder and given four sentences of life without parole. Davidson’s half brother Letavis Cobbins was convicted of two counts of first-degree murder and given two sentences of life without parole. These three men were also each convicted of numerous counts of rape, kidnapping, and aggravated robbery. Davidson’s girlfriend Vanessa Coleman was convicted of facilitation of murder and most of the other related crimes and faces a sentence of up to 77 years.
An outstanding job done by two bright and articulate young prosecutors in District Attorney Randy Nichol’s office. Congratulations on a job well done.
Thursday, August 12, 2010
TCA 22-3-104 permits either party in a lawsuit to challenge for cause a juror's qualification to serve if:
1) The juror is drunk;
2) The juror has been drunk during the term of the Court; or
3) The juror is a habitual drunkard.
That could make a voir dire interesting. Imagine asking: "Who, if anyone has been drunk during the last (fill in the term of the Court here)?"
Of course, you might want to wait until seven of your twelve jurors tell you they have had a DUI conviction in the past!
Wednesday, August 11, 2010
Monday, August 9, 2010
Gallup's annual drinking poll indicates that 67% of U.S. adults drink alcohol, an increase over last year and the highest rate of alcohol consumption since 1985. The poll also showed that beer remains the most popular drink in the U.S., followed by wine and then liquor.