The Binette decision

Back in the year 2000, Justice Barker authored the Binette decision. Current Chief Justice Holder wrote a dissent. Barker did not think the driving was bad enough to justify the stop of Binette with his BAC level of .16. Barker wrote: "Binette did move laterally at times within his lane while operating his vehicle, we find that his movement was not pronounced, and therefore did not give rise to reasonable suspicion that he was under the influence of an intoxicant." I am posting here the video of the traffic stop. Every time a motion to suppress a stop is filed, the basis for suppression is this case. By viewing the video you can judge whether the driving in your case is worse than the driving in this video.

Parent victims want defense accountability

In the Knoxville News Sentinel today was an article depicting the anger that has resulted in an interesting legislative proposal. The parents of murder victims are angry over some defense claims that, according to them were fictional and slanderous. They want a defense lawyer to have a real basis for a claim or be financially liable for the slander. One paragraph in the story:


The parents of torture-slaying victim Channon Christian said today they plan to push for laws that would hold defense lawyers criminally liable for any unproven insinuations made during a trial.

http://www.knoxnews.com/news/2010/jan/26/parents-torture-slaying-victim-christian-seek-lawy/

This week in the Court of Criminal Appeals

This Week in the Court of Criminal Appeals
January 26, 2010

Trial Conviction Affirmed Prosecutor Top Charge

State v Huxholl Joseph Perrin Evading Arrest

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Keith%20Dewayne%20Huxoll.pdf


State v Mays Joe Van Dyke Theft over $10,000

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Laura%20June%20Mays.pdf

State v White Glen Baity & Alexia Fulgham Felony Murder

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Geraldo%20White.pdf

State v Collins Dan Alsobrooks DUI

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Angela%20Ann%20Collins.pdf

State v Kilpatrick Joel Dycus Simple possession

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Kenneth%20Ray%20Kilpatrick.pdf
State v Ralph Joshua Crain Driving unregistered

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Randy%20Ralph.pdf

State v Williams Clin Campbell & Dean Decandia Carjacking

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Maurice%20Williams.pdf

State v Willis Kirby May DUI

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Kenneth%20Ray%20Willis.pdf

Supreme Court Punts on Crime Lab Case

In the American Bar Association Journal web news is an article by Debra Cassens Weiss concerning yesterdays decision/non decision in Briscoe v Virginia.

At issue was the constitutionality of Virginia’s rules for the use of laboratory reports at trial in light of Scalia’s recent ruling in Melendez-Diaz v. Massachusetts. Scalia's June decision had held that crime lab evidence can’t be used at trial unless the lab analysts are subject to cross-examination. Virginia allows prosecutors to present paper reports to support their case, but requires the analysts to testify for cross-examination if the defense requests it.

The Supreme Court remanded the case to the Virginia Court to reconsider it's decision in light of Melendex-Diaz.

Read the full article at:
http://www.abajournal.com/news/article/supreme_court_remands_crime_lab_confrontation_case/

Why are eyes bloodshot and watery?

Onset of nystagmus prior to 45

Lack of Smooth Pursuit in HGN