Officer dies in crash

We mourn the loss of Franklin County Sheriff's Investigator Jerry Crabtree. He was a former Madison County, Alabama sheriff. He died in an auto accident Friday afternoon, while on duty. Investigatory Crabtree, 76, served as a law enforcement officer for 54 years. May he rest in peace.

Teen driver gets 9 months for death of newlywed

WSMV reports that Judge Fishburn in Nashville has sentenced an impaired driver to serve 9 months of a 16 year sentence in jail.

The article opens with:

"Tears flowed freely and the sorrow was overwhelming in Judge Mark Fishburn's court Thursday. Wesley Ellis was 19 when the SUV he was driving ran a red light and hit a car, killing 24-year-old Jessica Paige Muller. He was convicted of vehicular homicide by intoxication.
Thursday, a year and a half later, Ellis learned his fate, but not before listening to heart-wrenching testimony from Muller's mother, Mary Paige, his own mother and Jessica's best friend, who was by her side as she drew her last breath."

The victim's mother made an interesting comment:

"I think the judge is being as stern as he can and as fair as he can with what the Legislature allows,"

The DA's were disappointed and had asked for 9 years according to the article. Ellis was out on bond for theft when he killed Mrs. Muller.

http://www.wsmv.com/news/22370482/detail.html

Applause for Jackson, Tennessee

Jackson, Tennessee has marked a year without a traffic fatality. The city of 57,000 people had 12 fatalities 4 years ago and got serious about traffic safety. Since then the fatalities dropped by three per year. They added red light cameras, a speed van and dedicated more officer time to watching traffic. They have an outstanding team that includes tough prosecution by General Woodall's office. Our DUI prosecutor Anna Banks has had numerous opportunities to show the people of her community that the crime of DUI will not be tolerated.
Congratulations to all involved in this great news.

Read more at:

http://www.jacksonsun.com/article/20100128/NEWS01/1280312/Jackson-marks-year-free-of-auto-fatalities

Judge OKs red-light cameras for Clarksville

An article in today's Clarksville Leaf Chronicle outlines the decision of the City Court Judge rejecting various defense challenges to the use of red light cameras.

See the article at: http://www.theleafchronicle.com/article/20100128/NEWS01/1280332/Judge-OKs-red-light-cameras-for-Clarksville

See the decision at: http://www.theleafchronicle.com/assets/pdf/DA150831127.PDF

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