First Impressions

Night Time seat belt violators are likely felons

In Washington State, the Safety Commission sponsored night time seat programs in 2008 and 2009. Most traffic fatalities without seat belt use happen at night, so it was a way to attack that problem. The programs were extremely successful. More information about them will be contained in our next newsletter.

In the meantime....they compared the criminal histories of 3,000 people who received a night time seat belt ticket during the enforcement programs to 3,000 random drivers who did not.

Those with the seat belt violations were five hundred (500) times more likely to have a felony record.

What's this mean? For officers, be careful with these offenders! Many have violent criminal histories. Some may have pending arrest warrants.

For prosecutors and judges, there may be more than meets the eye with the $10 seat belt ticket!

Trial Convictions affirmed March 5, 2010

Case Name --------Prosecutor(s)--------------Top Charge

State v Horton - Ray Lepone and Reggie Henderson --2nd Degree Murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Antoinette%20Horton.pdf

State v Whitaker-----Beth Willis----------------Failure to Appear
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Mark%20W%20Whittaker.pdf

State v Milam-------Doug Dicus---------------First Degree Murder
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Brian%20Milam.pdf

State v Ramos------Sharon Reddick------------ Aggravated Child Rape
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Jesus%20Baltazar%20Ramos%20aka%20Enrique%20Ruano%20Diaz.pdf

State v Brown-------????????------------------DUI 2nd offense
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Richard%20E%20Brown%20Jr.pdf

State v Young------Leticia Alexander-----------Aggravated Burglary
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Johnny%20Bernosa%20Young.pdf

State v Watkins-----David Durham-------------Aggravated Child Abuse
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Nigel%20Kavic%20Watkins.pdf

State v Black-------Deborah Housel and Roger Moore--Aggravated Rape
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Christopher%20M%20Black.pdf

State v Fulmer----- Authur Bieber--------------Aggravated Rape
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/A01/State%20v%20Anthony%20M%20Fulmer.pdf

Regional Law Enforcement Liaison Conference

We have an awesome LEL program in Tennessee. If you need contact info for your LEL, let us know. These men and women are real problem solvers and make good things happen in our State. Richard Holt, Scott Deihl, Clint Shrum and Steve Dillard were in attendance at the regional meeting in Charleston this week. If you are a prosecutor and feel any department in your area is in need of training, the LEL's can help make it happen. E-mail Tom or Jim, if you want us to help get you what you need.

Senate Judiciary Committee Tuesday March 2nd

Scheduled in the Senate Judiciary committee is the bill that already passed the House and is sponsored by the chairperson. Senator Beavers:

SECTION 1. Tennessee Code Annotated, Section 55-10-403(a)(3), is amended by
adding the following language at the end of the subdivision: For purposes of this section, the arrest precipitating the instant conviction shall toll the running of the ten (10) years and twenty (20) years with regard to the instant conviction.

House Judiciary Committee Tuesday March 2nd

Tomorrow the House Judiciary Committee is scheduled to discuss the repeat DUI offender bond provision proposed by Chairman Coleman. You can read it at:

http://www.capitol.tn.gov/Bills/106/Bill/HB3281.pdf


Hearings in the committee are web cast live at 3:00 CST at:http://wapp.capitol.tn.gov/apps/schedule/

Refusal to Test

At the New Prosecutor's Training Academy last week it became apparent that some prosecutors are not aware of the significance of blood or breath test refusals.

Please share with all your Sessions Court Prosecutors and Judges, who may not see jury instructions often, the jury instruction at T.P.I. Crim 38.04 "Driving under the influence: Refusal of Test" It is the statement of law read to jurors and states with clarity Tennessee law.

It states:" If you find from the proof that the defendant was offered and refused to submit to a test for the purposes of determining the alcohol or drug content of his/her blood and that the law enforcement officer advised the defendant that the refusal to submit to such a test will result in the suspension of his/her operator's license, then such refusal is not sufficient standing alone and by itself to establish the guilt of the defendant, but it is a fact which, if proved, may be considered by you in light of all the other provided facts in deciding whether the defendant is guilty or not guilty. The weight to which such a circumstance is entitled and whether or not such conduct shows a consciousness of guilt are matters for your determination."

In every case the refusal should be used as evidence of consciousness of guilt. Failure to use this evidence is ridiculous. Is there any legitimate reason for a person to surrender a driver's license for a year other than to avoid having a B.A.C. reading that could be used to prove guilt.
If someone is ready to trade his/her operator's license to avoid a needle, he/she is in need of immediate psychiatric help! Apparently, this was not clear to some prosecutors last week. Please get the word out to your colleagues! Thanks, Tom Kimball