This was posted today on the TN Courts website. The Tennessee Supreme Court, in a unanimous opinion, today upheld a trial court’s dismissal of DUI and other charges against a McMinnville woman because a video recording of the woman’s stop
The Tennessee Criminal Law Review, published by David & Hoss PC, focuses on criminal law issues within Tennessee, including significant court rulings and legislative changes. It covers topics such as evidentiary requirements and preservation in criminal trials, the role of juries versus judges in sentencing decisions, constitutional protections like the Fifth Amendment, and the application of sentencing guidelines. The blog also discusses state-specific criminal justice reforms, such as laws mandating ignition interlock devices for DUI offenders. It provides analysis of Supreme Court decisions impacting criminal procedure and sentencing, emphasizing their implications for defendants' rights and trial fairness in Tennessee.
The Supreme Court issued an important criminal decision this week, Alleyne v. United States, when it said that a jury should have the final say on what triggers mandatory minimum sentences in criminal cases.The Court voted in a 5-4…
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In an important recent decision, U.S. v. Blewett, the Sixth Circuit Court of Appeals found that the Fair Sentencing Act should apply retroactively. The Court decided that to continue to uphold the prior racially discriminatory laws would violate the…