New Vehicular Homicide Affirmation

The Court of Criminal Appeals has affirmed the conviction in State v Craft. This Madison County tragedy occurred in June, 2008. The Trial prosecutor was Anna Cash. The THP expert crash reconstruction officer was Trooper Chris Lee. First on the scene was Trooper Tracy Stanfill.
The Defendant challenged the sufficiency of the evidence and the admission of a 9-1-1 call as an excited utterance.

Read the full decision at:
http://www.tsc.state.tn.us/OPINIONS/TCCA/PDF/103/State%20vs%20Terry%20Lynn%20Craft.pdf

Recognizing Partners

This summer seven Clarksville, Tn., Shell and BP convenience stores operated by Huddleston Oil Co. recieved state certification as "Responsible Vendors" with the help of the Community Anti-Drug Coalition of Rutherford County.
"Being a locally owned company, we are very committed to being good neighbors and being a positive influence in our community," said George Huddleston, president.
"CADCOR provided the training to our employees on responsible alcohol sales through their TIPS training program, which enabled us to achieve this certification for each store employee and reduce the possibility of sales to underaged or intoxicated customers, thereby enhancing safety and quality of life for all of us." (reprinted from Clarksville Daily News June 27, 2010)

Businesses that eliminate sales to underage drinkers or intoxicated persons do us all a big favor. Maybe, just maybe, someone did not suffer injury or death, because this company is proactive.
Thanks to CADCOR for making this possible.

100 mph Ohio crash caught on tape

The force of the crash broke the car into 3 pieces. See it at:

http://www.wthitv.com/dpps/news/ohio/Copy_of_crash-shuts-down-interstate-675_3560165

News from Memphis

Congratulations to Amy Weirich, who has been named the Chief Deputy in the Shelby County office. Amy succeeds James Challen III, who has retired after 32 years of service. Amy started in the Memphis, Shelby County DA's office in 1991 and had recently served as chief prosecutor in the gangs and narcotics unit.

Ignition Interlock Companies

Dis you know there are currenly 24 companies that install and maintain ignition interlocks in Tennessee that have been approved by the Department of Safety.
To see the list visit our website at:

http://dui.tndagc.org

Can you forfeit 2nd Amendment right due to stupidity?

From the Maryville Daily Times:

Man says he accidentally shot himself in the leg after ‘about eight beers'

I discovered this news on the Lexington, Ky DA's website and thought you might want to know about it:

Ta Kisha Fitzgerald and Leland Price were honored by the National District Attorneys Association (NDAA) in a ceremony at it’s annual conference in California.

The “Home Run Hitter’s Club” recognizes exemplary effort by America’s prosecutors in the search of justice in some of the nation’s most horrendous crimes.

Prosecutors Fitzgerald and Price are inducted into the NDAA's Home Run Hitters Club.

Both Ms. Fitzgerald and Mr. Price were inducted into NDAA’s “Home Run Hitter’s Club” for their exemplary prosecution of four defendants who committed a horrendous case involving the murder and rape of two University of Tennessee students.

THE FACTS OF THE CASE:

In Knoxville, Tennessee, on January 6, 2007, Channon Christian, age 21, and Chris Newsom, age 23, while on a date, were carjacked at gunpoint by three men. Blindfolded and bound, they were taken to a nearby house where a woman was waiting. Soon after, Chris, still bound, was led to secluded railroad tracks nearby, where he was anally raped, shot execution style in the back of the head, and his body doused with gasoline and burned. Channon, held captive at the house for 24 hours, was raped repeatedly and brutally beaten and kicked. At the end of the ordeal, she was hog tied and stuffed into a trash can, causing death by suffocation. The perpetrators then fled.

THE OUTCOME:

By the end of May, 2010, the ringleader, Lemaricus Davidson, was convicted of four counts of first-degree murder and given four sentences of death. George Thomas was convicted of four counts of first-degree murder and given four sentences of life without parole. Davidson’s half brother Letavis Cobbins was convicted of two counts of first-degree murder and given two sentences of life without parole. These three men were also each convicted of numerous counts of rape, kidnapping, and aggravated robbery. Davidson’s girlfriend Vanessa Coleman was convicted of facilitation of murder and most of the other related crimes and faces a sentence of up to 77 years.

An outstanding job done by two bright and articulate young prosecutors in District Attorney Randy Nichol’s office. Congratulations on a job well done.

Ray the DA

Yu have probably heard of Lexington, Kentucky prosecutor, Ray Larson. You should visit his website. It is remarkable.

Go to: Office of the Fayette Commonwealth's Attorney

Meth Lab Found At Drug Rehab Center

You may have chosen the wrong rehab, when you discover that some of the patients used their room as a meth lab.
Read about this LaVergne, Tn crime at:

http://www.wsmv.com/news/24606051/detail.html

Jury Selection Interesting Law

Did you know:

TCA 22-3-104 permits either party in a lawsuit to challenge for cause a juror's qualification to serve if:
1) The juror is drunk;
2) The juror has been drunk during the term of the Court; or
3) The juror is a habitual drunkard.


That could make a voir dire interesting. Imagine asking: "Who, if anyone has been drunk during the last (fill in the term of the Court here)?"
Of course, you might want to wait until seven of your twelve jurors tell you they have had a DUI conviction in the past!

5th offender arrested driving lawnmower

At least he wasn't on a scooter. Read more at:


http://www.oakridger.com/highlight/x1028352296/Man-arrested-for-DUI-on-a-lawn-mower

Multiple DUI driver arrested on 49 cc Scooter

On Friday afternoon a Kingsport driver, Carson L Reed, with a revoked license and numerous prior DUI convictions was arrested driving a scooter on U.S. Highway 11W. He was going between 5 and 10 mph near the Allendale Mansion causing a traffic mess. Imagine the surprise if you were driving the speed limit of 45 or 55 and came up on this guy. Thanks goodness no cyclists or joggers ran him over!

Gallup Poll---Alcohol

Gallup's annual drinking poll indicates that 67% of U.S. adults drink alcohol, an increase over last year and the highest rate of alcohol consumption since 1985. The poll also showed that beer remains the most popular drink in the U.S., followed by wine and then liquor.

For your Friday morning enjoyment

No new significant appellate cases this week, so instead of reading law, watch the spiders!

15 years for Aggravated Vehicular Homicide in Monroe County

Eric Peterson, 41, of Tellico Plains, Tn has recieved a 15 year sentence. He killed his passenger, Angela Nichols when he lost control of his pick up, went down an embankment and slammed into a tree. Pederson had a .20 blood alcohol level and one prior DUI conviction from Rio Rancho, New Mexico in 1990. Jim Stutts prosecuted the case for the State.