Tuesday, June 1, 2010

NEW DUI CCA opinion

Judge Kelly Thomas has and the Court of Criminal Appeals has issued a new decision concerning the use of prior convictions.
It is a must read item with three key points:

1)If a prior is not signed by a Judge, you can’t use it.
2)If the judgment document does not show a defense lawyer or waiver, that does not mean the judgment cannot be used.
3)If the judgment document does not show the name of the Court, other documents can be used to prove what Court had jurisdiction.
Read it at:
http://www.tsc.state.tn.us/OPINIONS/CURRENT/State%20v%20Jason%20A%20Albright.pdf

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