NEW Tennessee Supreme Court Crawford decision

We granted this appeal to determine whether the admission into evidence of an automobile license tag number observed and written down by a bystander near the crime scene who did not appear at trial violated the defendant’s right to confrontation under the federal and state constitutions. A few seconds after being robbed at her place of employment, the victim ran out of the business, told a bystander that she had been robbed, and asked the bystander to observe the tag number of the vehicle operated by the man who had just left the business.
The bystander did so and then came inside the store to write the number down for the victim. The victim added other descriptive information about the robber to the same piece of paper and then turned it over to the police. The tag number was traced to a vehicle owned by the defendant, whom a jury ultimately convicted of one count of robbery. The Court of Criminal Appeals reversed the conviction, holding that the written tag number was “testimonial hearsay” within the meaning of Crawford v. Washington, 541 U.S. 36 (2004), and Davis v. Washington, 547 U.S. 813 (2006), and concluding that the statement’s admission was plain error. Based on our objective review of the circumstances surrounding the statement, we
conclude that the written tag number was “nontestimonial hearsay” that did not implicate the defendant’s right of confrontation and was admissible as an excited utterance. We reverse the judgment of the Court of Criminal Appeals and reinstate defendant’s conviction.
Read the full case at:
http://www.tsc.state.tn.us/OPINIONS/TSC/PDF/102/SC%20State%20v%20Darrell%20Franklin%20OPN.pdf

Good News For Bikers

Motorcycle fatalities dropped last year for the first time in a decade. In Teneessee 31 fewer bikers died during the first nine months of 2009 than in 2008. There are plenty of possible reasons. Two are increased enforcement at the Tail of the Dragon, increased enforcement throughout the State, increased availablity of rider's education courses and the economy.

To read more, go to:
http://www.ghsa.org/html/publications/spotlight/index.html

DUI Treatment Courts

Dealing with repeat DUI offenders is frustrating. The more the offender repeats the crime, the more likely someone is going to die. One method of attacking the problem of repeat offendenses is the implementation of DUI Treatment Courts. Treatment Courts can make a great difference in the battle to stop recidivism.
Read the latest issue of the DWI Court Reporter at the link below. Let me know if you have an effective DUI Treatment Court in your jurisdiction, so I can give it some publicity in the DUI News.

http://www.dwicourts.org/resources/newsletter

Senate Judiciary Committee

This morning the Senate Judiciary committee passed a bill to change the definition of DUI at 55-10-401 and also a bill to freeze priors as of the date of arrest.

The bills passed are somewhat different than those that passed in the House, so we will find out soon what, if anything, becomes law.

New traffic safety cases

Two new decisions from the Court of Criminal Appeals that directly affect traffic safety have been released.

In State v Tart the CCA ruled that Tart, a habitual traffic offender was not worthy of probation for his 4 1/2 year sentence. See the decision at:
http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/102/State%20v%20Matthew%20I%20Tart.pdf

In State v Dansby, the traffic stop was based on the failure of the driver to wear a seat belt. The defense on cross tried to create the possibility that the car did not have a shoulder harness and that the stop was not reasonable. The stop was upheld in:

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/102/State%20v%20Anthony%20Douglas%20Dansby.pdf

In State v Miller, the defendant was ordered to serve his 8 year sentence for vehicular assault after his second probation violation for failure to meet the conditions of probation.

http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/102/State%20v%20Hyman%20E%20Miller.pdf

Australian Public Service Commercial

This Australian Public Service Announcement is more graphic than most commercials seen in the USA. If you are a family member of a victim, please don't watch this if it will cause you emotional harm.
For everyone else, this is not easy to watch, but should be seen.

News from the Legislature

Yesterday, the Senate Judiciary Committee passed the implied consent law discussed here previously. They removed a House amendment to the bill, so the two bodies will have to decide which bill will take precedence and become law. Either is fine. The main effect of the new law will be to move the implied consent violation to Sessions Court, unless the prosecutor wants to keep the DUI and implied consent together.
More will be posted when the conflict is resolved.