Off-and-On House Guest May Challenge Search Warrant; Felony Cocaine Conviction Reversed

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The Tennessee Court of Criminal Appeals recently overturned jury convictions of a felony cocaine charge and a misdemeanor for the simple possession of marijuana on the basis of an invalid search warrant.  The trial court had sentenced the defendant to six years for the felony facilitation of intent to deliver cocaine and 11 months and 29 days for marijuana possession.

In reversing the trial court, the Court of Appeals first determined that the defendant had standing, or the legal right to challenge a search warrant issued for his girlfriend’s home.  The only evidence on this issue was the testimony of the state’s witness that the defendant was a regular overnight guest (“off or on”) and kept clothing “next to the bed” at the time of search.  Based on this testimony, the court found that the defendant had a reasonable expectation of privacy in his girlfriend’s home. (more…)

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When an Assault involving Ex-wife is Not ‘Domestic Violence’

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The Federal Gun Control Act of 1968, as amended, prohibits possession of a firearm by any person convicted of a felony, or a “misdemeanor crime of domestic violence. “ Under the Act, an offense involving the use or attempted use of physical force, or the threatened use of a deadly force by the defendant against a victim with whom there is or was a domestic relationship, is a crime of domestic violence. The domestic relationship must be identified as an element of the crime and must be established beyond a reasonable doubt.

In the recent case of Alton Flatt v. State of Tennessee, the Petitioner, Mr. Flatt was charged with two counts of felony aggravated assault arising out of an altercation between him, his ex-wife, and her male friend. Before trial, one count was dismissed and the other charge was reduced to simple assault, to which Mr. Flatt pled guilty. Based upon the guilty plea, the Tennessee Department of Safety subsequently revoked his handgun carry permit pursuant to the Gun Control Act. Mr. Flatt appealed that revocation. (more…)

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Property Owner Not Liable for Motorcycle Jump

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Jordan Wilson said he had made the jump hundreds of times.  He had ridden the jumps 20 to 30 times that day.  Then he changed bikes.

motorcycle jump

© Ivan Hafizov / PhotoXpress

While attempting a double jump on a 250cc motorcycle, instead of his 125cc bike, Mr. Wilson crashed and was severely injured.

Mr. Wilson sued the property owner, David Dossett, who had built a track or trail on which he had placed multiple jumps for motorcycles.  Mr. Dossett allowed people to ride on his property, even when he was not there, which was the case on the day of the accident.   However, citing Tennessee’s Recreational Use Law, the Court of Appeals recently upheld the trial court’s ruling that Mr. Dossett was not liable for Mr. Wilson’s injuries. (more…)

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Feast Fresh at the Thompson’s Station Farmer’s Market

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Thompson's Station TN Farmers Market

The seasonal weekly farmers market in Thompson’s Station is managed by local nonprofit Outdoor Encounter (OutdoorEncounter.org)

The Thompson’s Station Farmer’s Market is open today and every other Wednesday from 2 – 6 p.m., April through October.  Located at 4691 Columbia Pike (Hwy 31) in Thompson’s Station, directly across from Thompson’s Station Church.   More information, including a partial listing of vendors, is available through the Outdoor Encounter website and the Farmer’s Market Facebook page.

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Guns in Trunks Bill Awaits Governor

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The Tennessee General Assembly and the United States Congress seem to be moving in opposite directions when it comes to gun laws.  In the wake of congressional debates regarding tougher gun laws, a bill that would allow those with gun carry permits to carry their guns in their cars wherever they go, including school or work, has cleared both chambers of the General Assembly.  The bill now only needs Governor Haslam’s signature to become law and sources indicate that he will review it but probably sign it.  The placement of the bill on Governor Haslam’s desk for approval marks an end to a four your debate on the issue in the General Assembly. (more…)

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Federal-style Plan for Appointment of Appellate Judges Moves Ahead

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judgeThe Tennessee Senate recently approved a proposed amendment to the Tennessee Constitution that would allow the governor to select the judges that sit on the Tennessee Court of Appeals and Supreme Court.  The proposed amendment was approved by an overwhelming margin (29-2) in the Senate and will now go on to the House of Representatives for consideration.  If approved by the House by at least a two-thirds majority, the amendment should go before the voters of Tennessee in 2014.

Since 1971, the governor has picked the state’s appellate judges from a list of recommendations provided by the Judicial Nominating Commission, with the judges running unopposed in “retention elections” every eight years. (more…)

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Tennessee Texting While Driving Law Sends Weak Signal

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texting

© petar Ishmeriev / PhotoXpress.com

The Tennessee General Assembly is considering a bill that would require all driver education courses to include instruction on the dangers of using hand-held mobile telephones or “personal digital assistants”  to send or read a text message or email.  Driver education courses would also be required to advise students that using such devices to send or read a written message is a crime and to inform them of the penalties for such a violation.

However, under current law, a violation of the texting while driving statute is a Class C misdemeanor and is punishable by a fine not to exceed $50 and court costs not to exceed $10.  A violation of this statute is also considered a non-moving violation and no points are added to the driver’s record.

UPDATE: Effective July 1, 2016, first-time offenders of the texting while driving law will also be required to complete a driver education course in addition to having to pay the applicable fines and court costs.  A violation is also now considered a moving violation.

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4 Things to Consider When Hiring a Divorce Lawyer

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I am often surprised by what questions new clients ask–and what they don’t ask.  Most clients want to tell their story – what has happened to them and how they ended up needing a divorce attorney – and this is good.  Clients need to give their attorney some background and factual information.  And they need their lawyer to listen.  But new clients should also interview their lawyers – preferably before they are hired.  Although many lawyers offer free consultations for new potential divorce clients, it is probably better to pay a consultation fee if it will encourage you to ask questions.  Better to pay $250 to get answers than to pay $2,500 and get stuck with a lawyer who does not have any.  Although there is an infinite number of questions you can ask, assuming you have 45 to 90 minutes for an initial meeting, save the last 15-20 minutes to cover the following four (4) topics: Experience and Expertise; Associates and Assistants; Money; and Game Plan and Advice.

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Cyberbullying vs Free Speech in Tennessee: How the Courts Draw the Line

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© Tom Davison / PhotoXpress

© Tom Davison / PhotoXpress

“Cyberbullying” is described on Wikipedia as the “use of the Internet and related technologies to harm” another person “in a deliberate, repeated and hostile manner.”  In Tennessee, if a cyberbully is charged with a crime, it is usually criminal harassment.  While some states have adopted specific cyberstalking and internet harassment laws, the Tennessee General Assembly has broadened its general harassment statute to cover internet communications. A person commits the crime of harassment in Tennessee if they intentionally threaten, by telephone, in writing, or by electronic communication, to take action known to be unlawful against any person and by such action knowingly annoys or alarms the recipient. (more…)

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Gov. Haslam’s New Workers’ Comp Bill

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Governor Bill Haslam unveiled a proposal to revamp Tennessee workers’ compensation laws during his State of the State speech last week. Under the proposed Tennessee Workers’ Compensation Improvement Act of 2013, a new state agency, the Court of Workers’ Compensation Claims, would oversee all aspects of workers’ compensation claims.  The new system would allow for an appeal to the courts, but only after a ruling was entered by an administrative law judge.  Tennessee is only one of two states that currently handle workers’ compensation claims through the court system. (more…)

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