Hit the link to see a nice article about how drugs are endangering the public by Olivia Bailey at WYCB.com in East Tennessee. There are good comments from Kingsport Police P.I.O. Tom Patton and attorney Lynn Dougherty.
http://www.wcyb.com/news/how-the-term-dui-is-changing-for-law-enforcement/34785646
Tuesday, August 25, 2015
Monday, August 10, 2015
Waiting and watching for Supreme Court Decisions
The Tennessee Supreme Court will hear oral arguments in State v Corrine Kathleen Reynolds September 30, 2015 in Lebanon. The Appellate oral arguments occurred last July. The 25 minute appellate court oral argument can be heard at:
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/23/state-tennessee-v-corrin-kathleen-reynolds
In this case the officer involved followed the law in effect at the time and informed the defendant that the law required a mandatory blood draw in her situation. The legal requirement for a blood draw later changed. The exclusionary rule is usually reserved for situations in which the officer did not follow the law. The Court punishes the State by excluding evidence illegally obtained.
The Court granted cert and requested that both parties address whether the Court should grant a good faith exception to the warrant requirement per United States v Leon. Tennessee is unusual in that no good faith exception has ever been recognized here.
The Court also granted cert in two cases that address the difference between the statutes that requires drivers to maintain their lane of travel and the Binette case. In those reasonable suspicion and probable cause were found to stop vehicles for violations of the statutes. The defense argued that the driving was not lousy enough to satisfy Binette.
The Supreme Court will hear arguments in the two cases also on September 30th.
The cases are: State v Davis argued July 23, 2014. Hear the argument at:
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/23/state-tennessee-v-william-whitlow-davis-jr
and State v Smith argued July 16, 2014 Hear the argument at:
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/16/state-tennessee-v-linzey-danielle-smith
When the Court issues written opinions, they will have a major impact on how prosecutors review, prepare and argue cases.
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/23/state-tennessee-v-corrin-kathleen-reynolds
In this case the officer involved followed the law in effect at the time and informed the defendant that the law required a mandatory blood draw in her situation. The legal requirement for a blood draw later changed. The exclusionary rule is usually reserved for situations in which the officer did not follow the law. The Court punishes the State by excluding evidence illegally obtained.
The Court granted cert and requested that both parties address whether the Court should grant a good faith exception to the warrant requirement per United States v Leon. Tennessee is unusual in that no good faith exception has ever been recognized here.
The Court also granted cert in two cases that address the difference between the statutes that requires drivers to maintain their lane of travel and the Binette case. In those reasonable suspicion and probable cause were found to stop vehicles for violations of the statutes. The defense argued that the driving was not lousy enough to satisfy Binette.
The Supreme Court will hear arguments in the two cases also on September 30th.
The cases are: State v Davis argued July 23, 2014. Hear the argument at:
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/23/state-tennessee-v-william-whitlow-davis-jr
and State v Smith argued July 16, 2014 Hear the argument at:
http://www.tsc.state.tn.us/courts/court-criminal-appeals/arguments/2014/07/16/state-tennessee-v-linzey-danielle-smith
When the Court issues written opinions, they will have a major impact on how prosecutors review, prepare and argue cases.
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