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Tennessee Court of Criminal Appeals Update

This blog is intended to aid lawyers and the public in staying up to date with the most recent and relevant cases from the Tennessee Court of Criminal Appeals.  Particular attention is paid to cases where trial courts are reversed.

First-degree murder conviction reversed after trial court refused to admit co-defendant’s statements against interest (Dec. 7, 2017)

First-degree murder conviction reversed because the trial court failed to instruct the jury on self-defense (Dec. 5, 2017)

Tennessee Court of Criminal Appeals reverses trial court’s suppression of warrantless blood draw (Dec. 1, 2017)

Police corroboration key in finding probable cause for search warrant affidavit (Nov. 29, 2017)

Felony simple possession modified to misdemeanor simple possession because of a change in the law (Nov. 21, 2017)

Failure to instruct on lesser-included offense leads to reversal of sexual assault convictions (Nov. 3, 2017)

First Degree Murder Conviction Reversed in 134-Page Opinion (Oct. 6, 2017)

“This case should serve as a cautionary tale for any prosecutor, defense attorney, or trial court who attempts to negotiate or accept a guilty plea involving concurrent state and federal sentencing.” (Oct. 6, 2017)

Sometimes, a “win” in General Sessions is actually a loss (Oct. 3, 2017)

Police dispatcher did not act as a government agent when he prank searched a fellow dispatcher’s phone and found child pornography (Sept. 26, 2017)

Post-Conviction Relief Granted Because of Release Eligibility Misinformation (Sept. 9, 2017)

Probation revocation reversed because of unreliable hearsay (Sept. 5, 2017)

Collective knowledge can justify a traffic stop (Aug. 28, 2017)

The Statute of Limitations for Post-Conviction Petitions is One Year (Aug. 21, 2017)

Failure to appear conviction reversed because of insufficient evidence (Aug. 18, 2017)

Clay County defendant’s sentence upheld (Aug. 16, 2017)

Divided appellate panel debates the proper standard for search of probationer’s home (Aug. 11, 2017)

Hindering secured creditor conviction reversed for insufficient evidence (Aug. 9, 2017)

Do not raise ineffective assistance of counsel on direct appeal (Aug. 7, 2017)

Tennessee Court of Criminal Appeals orders a new sentencing hearing (July 24, 2017)

DUI Blood Results Suppressed Because Blood Drawn in the Wrong County (July 13, 2017)

In order to be convicted of indirect criminal contempt, the defendant must have notice and an opportunity to be heard (June 26, 2017)

You can’t remove a juror just because she’s black (May 16, 2017)

Tennessee Court of Criminal Appeals reverses denial of judicial diversion in abuse of corpse case (May 12, 2017)

Tennessee Court of Criminal Appeals Reverses Restitution Order in White County Case (March 24, 2017)

Improperly admitted statements lead to new trial (Dec. 16, 2016)

Prosecutor’s use of rap lyrics during closing argument leads to new trial (Nov. 2, 2016)

Tampering with evidence conviction overturned (Sept. 27, 2016)

Tennessee Court of Criminal Appeals affirms Judge Stanley’s revocation of a defendant’s probation (March 11, 2016)

Felony vandalism conviction modified to misdemeanor vandalism because of insufficient evidence (June 5, 2015)

Lying to the cops in Grundy County, Tennessee (Feb. 19, 2013)

Post-conviction granted because defense attorney failed to obtain impeaching evidence against witness (Oct. 9, 2012)

Aggravated assault reduced to assault because PVC pipe was not used as a deadly weapon (Feb. 27, 2012)

Trial courts have discretion to waive court costs and fines (Aug. 31, 2005)

Laying in bed with an escapee in his mother’s home is not substantial evidence of the offense of accessory after the fact (Sept. 19, 2001)

Tennessee Supreme Court Cases

Tennessee Code Annotated 36-1-124(d) does not require a parent to personally sign the notice of appeal in a termination of parental rights case (Nov. 22, 2017)

A trial court cannot deny probation simply because of the elements of an offense when the offense is probation eligible (Nov. 3, 2017)

Tennessee Supreme Court clarifies when a serious bodily injury must occur for especially aggravated robbery (Oct. 5, 2017)

Missed appeal deadline leads to one-year suspension for Nashville attorney (Aug. 4, 2017)

The Tennessee Supreme Court says your “No Trespassing” sign isn’t good enough (April 7, 2017)

Tennessee Court of Criminal Appeals Cases

In termination of parental rights cases with at least one solvent party, guardian ad litems may make more than the indigent compensation cap (Nov. 7, 2017)

Tennessee Court of Appeals vacates juvenile court’s adoption of parenting plan and determination of child support because of insufficient findings (Oct. 31, 2017)

Notice to Appellate Lawyers: The Tennessee Court of Appeals Will Call You Out for Poorly Written Briefs (Oct. 26, 2017)

In all cases but one, the rights of both parents must be terminated before a third party can adopt a child (Oct. 12, 2017)

Tennessee Court of Appeals Reverses Default Judgment in White County Custody Modification Case (Sept. 28, 2017)

In termination of parental rights cases, substantial compliance is about effort, not outcome (July 6, 2017)

Tennessee Court of Appeals upholds revocation of driver’s license despite flaw in implied consent form (May 24, 2012)

White County Sheriff’s lawsuit costs the county $180,000 in legal fees (Jan. 31, 1992)

 

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