Bobby H. was locked up for 28 years. He had been sentenced to life in prison without the possibility of parole for a crime he committed when he was 15 years old. Now 43, he is working to navigate a world he left when he was in eighth grade. Bobby was condemned for his role […]
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Nashville Criminal
Defense Blog
REQUEST A CONSULTATION When does having separate trials violate double jeopardy? Read More
Sometimes, a single defendant is subjected to two separate trials. This is often done in an effort to protect the defendant’s right to a fair trial when something in the first trial would create undue prejudice among the jury in the second trial, or vice versa. But what if part of the second trial depends […]
Supreme Court to decide on standards for resolving plain errors Read More
A conviction can be appealed on a number of grounds. One way of looking at it is that convictions (and civil cases) can be appealed based on an error of the law or an error in the facts. In some cases, factual errors are hard to gauge, as a reasonable jury might have decided the […]
State high court: Field sobriety tests inadmissible for pot DUI Read More
The Supreme Judicial Court of Massachusetts has ruled that field sobriety tests are not an appropriate measure for whether a driver is under the influence of marijuana. Although the ruling doesn’t apply directly in Tennessee, it could be influential because it involved a review of the current science on accurately detecting marijuana intoxication. Specifically, the […]
Civil rights suit shows police, witness failures in murder case Read More
Halfway into a 20-year sentence for murder, Jennifer Del Prete was released on bond in 2014 after a judge found she had demonstrated her “actual innocence” of the crime she was convicted of. She had been convicted of violently shaking a child in her care at a day care center. That alleged shaking caused so-called […]
A search warrant can’t be based on hunch suspect owns cellphone Read More
In order to be legal, a search warrant must be based on probable cause. In other words, the officers seeking the warrant need to document a good reason to believe that evidence of criminal activity is likely to be found in a particular location. To search someone’s home, for example, it’s not enough that the […]
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