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Criminal Law

Tennessee Criminal Lawyer Blog

Covers DUI, Narcotics and Drugs, White Collar Offenses and other Criminal Defense law issues with a focus on Tennessee State law.
By Baker Associates

Post Frequency: 5.4/day

Last Entry: March 31, 2011 at 00:14:19

Woman Charged for Slitting Puppy's Throat

Posted on September 08, 2010
Thirty year-old Lynn Tarphagan of Nashville was arrested last Thursday and charged with aggravated animal cruelty after, according to Nashville Metro Police, she used a knife to kill a mixed-breed puppy outside her mobile home by slitting its throat. The puppy was apparently a stray that had followed someone into the mobile home park only to meet its doom at the hands of the apparently puppy-unfriendly Tarphagan...

Knoxville Police Investigating Burglary at James White Fort

Posted on September 06, 2010
Knoxville police are searching for the person(s) responsible for a burglary at James White Fort at around 1 a.m. on Monday that resulted in only $30 in cash missing but caused hundreds of dollars in property damage to the Fort. Most of the property damage apparently results from the fact that a rock was used to break out a window and a failed attempt to get into a cash register that damaged the register...

Trucker Hits, Kills Woman While Watching Pornography

Posted on September 03, 2010
One would imagine that life as a trucker would get pretty boring sometimes. Driving across America alone, day after day, for hours at a time with nothing to do would certainly leave one desiring to find some ways to pass the time. Forty-five year-old Thomas M...

Drug Bust Made at Knoxville Bar

Posted on September 02, 2010
Another Knoxville bar has been closed down under the nuisance law, resulting in the arrest of five patrons on whom police found an assortment of illegal drugs. The following patrons were cited for the following charges: ? Michael Penrod for sale or delivery of schedule II drugs ? Michael Brown for sale or delivery of schedule I drugs, possession of schedule II drugs for resale and possession of schedule IV drugs for resale ? Dean Koss for possession of schedule II drugs for resale ? Wayne Sherrod for possession of schedule II drugs for resale ? Jennifer Evans cited for possession of drug paraphernalia

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Challenging Vehicle Searches Resulting From Traffic Stops

Posted on September 01, 2010
Every week, many Tennesseans all across the state are charged with drug or other offenses as a result of evidence uncovered by law enforcement officials pursuant to a routine traffic stop. In many such stops, the defendants feel like they have to allow the officers to search their car upon request, which simply isn?t true...

Greene County Man Facing Vehicular Homicide Charge

Posted on August 31, 2010
Twenty-one year-old Jeffrey Brian-Edward Wills of Mosheim, Tennessee is facing several charges after authorities say he intentionally ran the SUV of nineteen year-old Jackie Ricker of Rheatown off the road, causing Ms. Ricker to be killed in the wreck...

No Period of Confinement is Too Small for Kidnapping Charge

Posted on August 30, 2010
When most people think of the crime of kidnapping, they envision someone being abducted from their home and taken to some remote location and held for ransom. In the real world, however, kidnapping scenarios often don't play out that way and Tennessee law allows for kidnapping to be charged when the period of confinement is as short as a few seconds...

Man Charged with Assault for Punching Coach

Posted on August 19, 2010
Any parent knows that few things get the blood pumping like the sporting events of one?s children. Many a dispute takes place every year between parents or between a parent and a coach over issues such as kids being too rough, lack of playing time, etc...

Knoxville Man Found Stuck in Chimney

Posted on August 18, 2010
Unless you are Santa Claus, people probably aren?t going to take kindly to finding you stuck in their chimney. In fact, doing so will probably earn you a host of criminal charges just as it has for twenty-two year-old William Hussey of Chapel Hill, North Carolina who was found stuck in a chimney in South Knoxville early last Friday morning...

Traffic Stop Results in Burglary Arrests

Posted on August 17, 2010
Last month, twenty year-old Jacob Hurst of Tazewell, TN and his nineteen year-old female companion were arrested as suspects in connection with multiple burglaries that had recently taken place in Claiborne County after a routine traffic stop and ensuing vehicle search uncovered a significant amount of cash and other valuables that were believed to have been taken during the robberies...

Facebook Mishap Leads to Arrest

Posted on August 16, 2010
Social media is all the rage nowadays, and the website Facebook has quickly become one of the most popular websites in the world. The website is so popular, in fact, that many people are becoming addicted to it, feeling the need to check their Facebook at all hours of the day and night regardless of where they are...

The Defense of Necessity

Posted on August 12, 2010
A major theme underlying Tennessee?s criminal code is that it is designed to protect Tennesseans from harm, especially serious harm such as death or serious bodily injury. For example, Tennessee?s criminal code would be doing Tennesseans a disservice if it were to punish them with a criminal charge, such as assault, for taking an action that ordinarily may be a criminal act but in the instant case actually operates to protect someone from even greater harm...

Over 1,300 Dashboard Camera Videos Erased From Metro Police Database

Posted on August 11, 2010
An attempted software update by a third-party vendor went horribly wrong and has resulted in the Metropolitan Nashville Police Department losing over 1,300 dashboard camera videos that were taken from cameras mounted inside its police cruisers. While most of the lost footage would have depicted routine traffic stops, some footage of DUI stops was also lost, according to a Metro police spokesman...

Endangered Child Alert Issued for Crossville Children

Posted on August 10, 2010
On the heels of yesterday's blog article discussing the offense of custodial interference in Tennessee comes a possible real-life example of custodial interference pertaining to the taking of two Crossville children, 2 year-old Anna Shuey and 5 year-old Kylie Shuey, by their biological father, Richard Shuey, from the apparent custody of the childrens' grandmother...

Custodial Interference in Tennessee

Posted on August 09, 2010
Few situations have the potential to spiral out of control like custody disputes. Very often, two parents are fighting over custody who genuinely believe that the best interest of the child dictates that the child lives with them at least a majority of the time...

East Tennessee Man Pleads Guilty to Distributing Child Pornography

Posted on August 06, 2010
Forty-three year old Steven Blaine Church of Greeneville pleaded guilty in U.S. District Court Thursday to distributing child pornography. He reportedly faces up to twenty years in prison, heavy fines, and a possible lifetime of supervised release. Church?s distribution of the illegal material was discovered by the FBI?s Innocent Images Project which is an initiative that the FBI started in 1995 to combat the proliferation of child pornography...

Miami Woman Stiffs Botox Clinic

Posted on August 05, 2010
A 29 year-old Miami Beach woman was arrested on Monday for allegedly stealing over $4,000 worth of services from a Fort Lauderdale area Botox clinic. The woman, who was dubbed the ?Botox Bandit,? (a nickname she reportedly adopted for herself because she liked it so well) because she had taken free services from several Florida services by walking out without paying or writing bad checks after receiving the services...

Judge in Christian-Newsom Murders Rejects ?Young Innocent? Defense

Posted on August 04, 2010
Vanessa Coleman, the 22-year old woman recently convicted on multiple counts in connection with the brutal Christian-Newsom murders that took place in Knoxville in 2007, was sentenced to 53 years in prison last Friday by Judge Richard Baumgartner who rejected the argument that Coleman was a ?young innocent? who had been forced into criminal action by the other offenders, including her then-boyfriend Latalvis Cobbins...

Knoxville Man Who Killed Two Burglars Will Not Face Charges

Posted on August 03, 2010
The Knox County District Attorney?s office has decided not to prosecute 21 year-old Douglas Jordan, III for fatally shooting two burglars who were attempting to rob his home shortly before midnight on June 27 of this year. Jordan apparently came home and found the two men, Adam Pfeiffer, age 25, and Jimmy Cannon, age 39, still in his house in the midst of bagging up his possessions...

Jury Instruction Error Leads to Overturned Sentences for Utah Man

Posted on August 02, 2010
Warren Steed Jeffs, a ?prophet? in the Fundamentalist Church of Jesus Christ of Latter-Day Saints, had two convictions on charges of rape as an accomplice overturned last week due to erroneous jury instructions. Jeffs was accused and convicted based on allegations that he used his standing as a member of the Church to convince a fourteen year-old girl to marry her nineteen year-old cousin, thus making Jeffs an accomplice to statutory rape as defined by the law of most states...

Woman Arrested for Possession of ?Cute? Marijuana Plant

Posted on July 31, 2010
When one thinks of the word ?cute? certain images spring to mind, such as babies, puppies, teddy bears, and, of course, two-foot tall marijuana plants. At least that is the case if the one doing the thinking is fifty-five year old Jacqueline Moore of Holiday, Florida...

Six Pounds of Marijuana Intercepted on the way to Grandma?s House

Posted on July 30, 2010
One of the first rules of shipping illegal drugs would probably be to make sure the package is not suspicious. Thus, it is probably a good idea to use generic named and make the package as nondescript as possible. This strategy is one that can backfire, however, if the names are too generic...

Boating Under the Influence

Posted on July 28, 2010
With the blistering summer heat in full swing, Tennesseans flock to the state?s lakes and rivers in search of fun and relaxation and cooling down by any means possible. For many of us, a great day on the water involves skiing, tubing, or other activities that involve the use of a boat...

Open Container Law in Tennessee

Posted on July 27, 2010
While not technically part of the DUI framework in Tennessee law, the open container law is a criminal offense that is often charged in conjunction with a charge of driving under the influence. The statute itself is pretty straightforward in that it simply prohibits drivers in Tennessee from consuming an alcoholic beverage or beer, or possessing an open container of alcoholic beverage or beer, while operating a motor vehicle in the State of Tennessee...

Woman Gets Prison Time for Faking Cancer

Posted on July 27, 2010
A Chattanooga woman named Keele Maynor is facing three years in prison and ten years of probation after pleading guilty to multiple charges of fraud in connection with a scheme in which the lady pretended to have cancer in order to elicit sympathy, favors, and money...

Man Loses License for Drunk Driving in Barbie Car

Posted on July 24, 2010
DUI Statutes The primary evil that the DUI statutes are designed to prevent is that of a person trying to control some sort of automobile or other machinery on the public roads or highways while intoxicated and thereby posing a danger to themselves or other drivers...

Vehice Seizure in Tennessee

Posted on July 22, 2010
Seizure of a Vehicle Many Tennesseans each year are subjected to the misfortune of having their vehicles seized by law enforcement, usually in connection with a DUI or drug-related offense. In addition to the two aforementioned offenses, the Tennessee Code designates a number of other offenses which can authorize law enforcement to seize someone's car including transportation of contraband, driving on a revoked license, arson, etc...

Severance

Posted on July 21, 2010
Defendants in criminal cases often find themselves in the unfortunate situation of being tried for multiple offenses in the same trial. This may or may not be appropriate depending on the circumstances of the case, but being on trial for several offenses poses some substantial risks to the defendant...

Inchoate Offenses: Solicitation

Posted on July 20, 2010
Yesterday's blog focused on the inchoate offense of attempt, which is very similar in a lot of ways to the focus of today's blog: solicitation. Solicitation is defined in the Tennessee Code as using basically any form of communication (written, oral, sign language, Morse code, etc...

Inchoate Crimes: Attempt

Posted on July 19, 2010
Tennessee recognizes three different types of inchoate (basically another word for preparatory) offenses which allow a person to be charged with a crime even though the crime was not committed. The first type of inchoate offense recognized by Tennessee is an "attempt" offense...

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