Associated Press informs about K2, spice etc

There are naysayers who commonly respond to any posting about the dangers of these drugs. These naysaters want the opportunity to get high, while ignoring the dangers associated with these substances. The Associated Press has published an article that begins with:

"Synthetic substances that mimic marijuana, cocaine and other illegal drugs are making users across the nation seriously ill, causing seizures and hallucinations and even killing some people.The products are often packaged as incense or bath salts and can be obtained for as little as $10 at many head shops. As more people experiment with them, the results are becoming evident at hospitals: a sharp spike in the number of users who show up with problems ranging from labored breathing and rapid heartbeats to extreme paranoia and delusions. The symptoms can persist for days."

Read the complete, informative article at: http://xa.yimg.com/kq/groups/12472582/1683077120/name/AP%20story%20synthetic%20drugs%20Apr%206%202011.pdf

and know that banning these drugs will accomplish good things.

Today in the House Judiciary Sub Committee

There is a bill in the sub committee of the House Judiciary Committee today that would make a vehicular homicide by intoxication with a .08 or above an aggravated vehicular homicide if the driver also has any amount of methamphetamine in his/her system. The bill is sponsored by Rep Eric Watson and Sen. Mike Bell.

Poll

I have added a non-scientific poll to attempt to recieve your perception of what percentage of DUI cases are resolved in your General Sessions Court or City Court with General Sessions Jurisdiction. You do not have to go study your data to get this answer. I am trying to get a feel for what you believe the answer to be. This came about after I examined all of the implied consent refusal cases in Nashville from December. There were 113 DUI's with refusals. Of those, 11 were bound over or indicted, so far. 33 are still pending. As of this moment that means about 10% went to the Criminal Court. It could go as high as 35%, depending on the pending cases. I am curious if this is typical, high or low. Please fill this out as soon as possible as it may become part of a legislative discussion next week. Thank you!

Did you know?

Every 2 hours a pedestrian is killed in America. Every 10 minutes a pedestrian and a pedal-cyclist is injured in a traffic crash. Every 2 days a pedal-cyclist is killed in a traffic crash. 24% of pedestrian fatalities in 2009 occurrec in an intersection. 33% of all pedal-cyclist fatalities occurred in an intersection. Intersections are dangerous. Please use extra caution as a driver approaching an intersection.

Rest in Peace Sgt. Tim Chapin

Sgt Chapin responded to an armed robbery call. He was greeted by a hail of bullets. He managed to stop the shooter with his car. Tim leaves behind a wife, twelve year old son and fifteen year old daughter. Tim was a Sergaent who led by example. He was a member of his church for 27 years. He was a polite professional, who lived his life as a public servant. He will be greatly missed.

The shooter was on parole from Colorado. He was an experienced armed robber, who had served about eight of his 20 year sentence. He robbed more than money this time around. He robbed from us an example of what public service is all about. Rest in peace Tim Chapin. Say thank you to an officer today. You never know if you will have another chance to express your gratitude for the safety they provide.

New Supreme Court decision

In a 4-1 decision, the Tennessee Supreme Court has reversed the CCA and reinstated a disorderly conduct conviction related to a Tea Party rally in Greeneville. The pundits will most likely pick up on the free speech versus disorderly conduct issue. It is interesting and the Court found that a riled up, angry person using a racially deragatory term and acting like a jackass can be convicted. However, for those of us troubled by the decision in State v Binnette and subsequent cases that seemed to give more weight to a video recording that to credible testimony, this decision gives hope that sanity is returning to Tennessee in the weighing of videotape reviews. In this case the CCA decided that video recordings were in conflict with the testimony of various officers. The Supreme Court states that the credibility decision was properly made at the trial level and videotapes were not the be all and end all after all. Read the majority decision by Justice Wade at: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/111/SC%20State%20of%20Tennessee%20v%20Teddy%20Ray%20Mitchell%20opn.pdf The dissenting opinion by Justice Lee is available at: http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/111/SC%20State%20of%20Tennessee%20v%20Teddy%20Ray%20Mitchell%20DIS.pdf

New Implied Consent Decision

Judge Tipton of the Court of Criminal Appeals has remanded an implied consent violation for a new hearing. He did so because the implied consent determination was made by a jury. This is a clear instruction from this Judge. In his opinion, the civil implied consent determiniation is not a matter for a jury. In this case the Judge affirmed the jury decision as the 13th juror. That was enough for dissenting Judge Ogle, who would have affirmed the determination. However, she was in a 2-1 minority, so the Trial Court will now make the determination without a jury. The lesson for prosecutors is pretty simple. Request a determination by the Judge. These cases can and should be determined in the Sessions Court as soon as possible, but if any are flowing with the DUI, they have to be made by the Judge, not the jury according to Judge Tipton. Read the majority opinion at: http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20vs%20Andrew%20Reginald%20MacKinnon.pdf Read the dissenting opinion at: http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/111/State%20vs%20Andrew%20Reginald%20MacKinnon%20DIS.pdf