Phlebotomist uses fear of needle excuse

This is a first for me. I was scanning a new opinion from the Court of Criminal Appeals, State v Killian (see link below), when I had to do a double take. The defendant said she refused a blood test, because of her fear of needles. Then I read that she was a phlebotomist. She explained it with,
“I don’t have a problem sticking you [with a needle]. I can’t stand to be stuck.” 
Phlebotomy school must have been an interesting experience. Phlebotomy students stick each other dozens of times under the supervision of instructors. 

Concerning legal issues, the case was affirmed, but remanded for a corrected judgment, because it did not indicate a percentage of service necessary before any rehabilitative efforts could begin. Read the case at:
State of Tennessee v. Carolyn Nadine Killian | Tennessee Administrative Office of the Courts

Former vehicular homicide killer gets 80 years for child murder

31 year old Reginald Tumlin has received an 80 year sentence for murdering his child. In 2002 Tumlin got a 5 year sentence in a vehicular homicide. He had 38 previous convictions and used his drug dealing schedule on the stand to try to escape the child abuse murder conviction.
Congratulations are in order for ADA Charlie Minor.
Read about this case in the linked article from the Chattanoogan here:

Tumlin Gets 80-Year Sentence After Son's Child Abuse Death - 12/10/2012 - Chattanoogan.com

Driver with Restricted license and 2 DUI convictions charged in death

Don't you think someone given the privilege of a restricted license might at least try to refrain from driving impaired? This poor victim's family has got to wonder why this 25 year old driver got such a license after two previous DUI convictions. The only times that's legitimate is if he also had an ignition interlock installed, which is not mentioned in the story or if one or both of the offenses fell off his record due to our ten year rule.

December 09, 2012 12:57 EST

MURFREESBORO, Tenn. (AP) -- A man has been charged with vehicular homicide and driving under the influence after a Nashville cab driver was killed in a traffic accident in Murfreesboro.

According to Murfreesboro police, 38-year-old Geoffriau Powell, a driver for Allied Cab Co. in Nashville, was stopped at a gas station on Saturday morning when another vehicle slammed into his driver's side door. The impact completely crushed the driver's side and killed Powell.

The Daily News Journal (http://on.dnj.com/120E9cP ) reported that the driver of the second vehicle, 25-year-old Evan Childress, was arrested and charged with his third DUI, driving on a restricted license and vehicular homicide.

He bonded out of jail on a $55,000 bond later on Saturday.

Information from: The Daily News Journal, http://www.dnj.com

Cowboy tragedy

In Irving, Texas, a crash involving an alleged intoxicated driver resulted in the death of his passenger. This is not uncommon. As prosecutors we see cases like this quite often. The only thing that made this particular crash receive front page coverage in the national media is that the driver and passengers were members of the Dallas Cowboy football team. While I am sympathetic to the family and friends of the professional athletes who suffer in a horrific tragedy like this, I can't help but wonder what would happen if the national media paid attention to crashes of this nature among people who are not professional athletes, rock stars or congressmen.

Habitual Motor Vehicle Offender Decision affirmed

Jody Lindsey in Marshall County turned a bad situation into a really bad situation. Linsey was stopped for speeding and turned out to be a Habitual Traffic Offender. Lindsey was facing a Class E felony. The Lindsey, a sex offender, failed to comply with requirements of the sex offender registry. That added to the problem. Then Lindsey failed to appear for Court. To make matters worse, Lindsey failed to report to the sex offender registry again.

When all was said and done, Lindsey, a Persistent felony offender, had accumulated a 10 year sentence.
Read the case at: http://www.tncourts.gov/sites/default/files/lindseyjodyleeopn.pdf

Crossing lane line Decision

Another decision from the Court of Criminal Appeals has affirmed that an officer has reasonable suspicion and/or probable cause to stop a vehicle when the driver is across a lane line. In the linked case the driver violated TCA 55-8-123 and other traffic laws.

"Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic ... [a] vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety."

To read the case, State v Turk, go to: http://www.tncourts.gov/sites/default/files/turkjosephopn.pdf

This young lady was paralyzed by an impaired driver in Clarksville. Supporters have been raising funds to try and get her some specialized medical treatment. Thanks to Chik-Fil-A in Clarksville for holding a fundraiser on her behalf. Read about this beautiful girl and efforts on her behalf at:

Chick-fil-a sponsors fundraiser for 7-year-old DUI victim | The Leaf Chronicle -- Clarksville, Tenn., and Fort Campbell | theleafchronicle.com