Tuesday, November 30, 2010
Monday, November 29, 2010
Wednesday, November 24, 2010
Monday, November 22, 2010
That may have been due to the fact that the defendant was leaving a murder scene in which he shot and killed an old friend. Whited was convicted of second degree murder, DUI 4th offense and suprise, suprise: Driving on a revoked license!
Congratulations to John Galloway in the 8th District.
Read the case at:
Friday, November 19, 2010
Read about one unhappy refuser at:
Monday, November 15, 2010
Father, son sentenced for delivery, sale of pillsBy Staff Reports
A father and son arrested for the delivery and sale of more than 1,000 oxycodone pills in the Johnson City area pleaded guilty Nov. 3 in Greeneville Federal Court, according to a news release.
Ronnie Vaughn Kwaitkowski, 62, 1907 6th Street, Bradenton, Fla., and Matthew Todd Kwaitkowski, 27, 171 Hillendale Lane, Gray, were sentenced on charges of selling illegally diverted prescription drugs in the city.
Police charged the Kwaitkowskis in September 2009, following an investigation. Ronnie Kwaitkowski was sentenced to 70 months in federal prison, and Matthew Kwaitkowski was sentenced to 60 months.
Friday, November 12, 2010
Read and see the coverage from Channell Four news and hear the Judge take a shot at the federal govenment for it's policies at at:
The Defendant also messed up by delaying the case until she was able to pick up a new DUI. Some people don't learn. Read the case at:
Wednesday, November 10, 2010
The issue: Whether the Confrontation clause permits the prosecution to introduce testimonial statements of a non-testifying forensic analyst through the in-court testimony of a supervisor or other person who did not perform or observe the lab0ratory analysis described in the statements.
The New Mexico Court had determined:
" Although the blood alcohol report was testimonial, we conclude that its admission did not violate the Confrontation Clause, because the analyst who prepared the report was a mere scrivener who simply transcribed the results generated by a gas chromatograph machine and, therefore, the live, in-court testimony of another qualified analyst was sufficient to satisfy Defendant's right to confrontation.
In almost all Tennessee cases, the analyst who wrote the report testifies about the report. The exceptions I recall two exceptions. One occurred when the supervisor came to testify after an analyst moved out of State with cases pending. The second occurred when the lab analyst had to be in Knox County and Hamilton County for trials on the same day. A supervisor came and testified in Hamilton County. Hopefully, the Court will recognize that the test is performed by the gas chromatograph. The human, forensic analyst simply writes down what was found by the instrument. We will have to wait and see.
Monday, November 8, 2010
Contrasting to Mr. Miller's reason for being on the road were the facebook brags of the defendant, Timothy Rush, who was drinking heavily and proud of it the night of the crash.
Read about it at:
Friday, November 5, 2010
A new DUI decision has affirmed a DUI conviction in the 23rd Judicial District, prosecuted by Kelly Jackson. The defense argued that the breath test observation period was not observed, because at some point the officer, Deputy Donnie Brasco, reached into a drawer, got a mouthpiece out and placed it on the instrument. The Court did not buy it and pointed out that the key to the observation period is that a defendant not drink, smove, reguritate or put anything in his mouth.
Read the decision at: