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 […]
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REQUEST A CONSULTATION 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 […]
Man caught having sex as teen now banned from living in own home Read More
Just after he turned 17, LaShun G. was charged with second-degree sexual assault having sex with another teenager. He was tried and convicted as an adult, which means he was added to the sex offender registry in the state where he lives. He never committed another offense. He is now married and has three children. […]
Prosecutorial misconduct leads to overturned murder conviction Read More
A man who has been serving time since 1995 for the murder of a drug dealer has been released with his conviction overturned by a judge. That judge found evidence of serious prosecutorial misconduct that made his trial and conviction unfair. The district attorney’s office is appealing the decision. According to the New York Daily […]
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