In the 1963 case of Brady v. Maryland, the U.S. Supreme Court ruled the Constitution requires prosecutors to hand over to the defense any evidence that tends to prove the defendant’s innocence. When they do not and the defendant is convicted, their failure or refusal to do so can result in a new trial. However, […]
For most college students, their first party is a rite of passage. First-year students will walk through the door of a fraternity or campus house and smile in the excitement of their newfound freedom. But with newfound freedom comes responsibilities. Alcohol is a significant aspect of the college party scene, and students have to decide […]
When it comes to blood-spatter analysis, “expert” witnesses for the prosecution are often law enforcement officers with just a week of training. This was so in the case of Joe B., a high school principal accused of murdering his wife. He was convicted in 1985 based on flecks of blood on a flashlight found in […]
Being arrested on a criminal charge is a frightening experience. If you’ve been arrested and then convicted it is considerably worse. When your time in court is said and done, and the judge has rendered a guilty verdict, it may be time for you to make an appeal. When you’ve been found guilty of a […]
The Eighth Amendment to the U.S. Constitution prohibits “excessive bail.” Over time, courts have made numerous rulings on what constitutes “excessive,” but our country still finds itself in the midst of a bail crisis. By some estimates, as many as 70 percent of that jail population in the United States are behind bars because they […]
In Tennessee, people who are convicted of DUI after a blood or breath test are required to pay the Tennessee Bureau of Investigations, which performs those tests, a $250 fee. People who are not convicted are not required to pay the fee. The state’s Court of Criminal Appeals recently found that to be unconstitutional because […]
