Tint Statute OK for Traffic Stop When Drugs Found

December 9, 2013

After a traffic stop based upon the possible violation of Tennessee’s vehicle window tint statute, Shaun Davidson and Deedra Kizer were charged with several drug offenses. Davidson was indicted for possession with intent to sell or deliver 0.5 grams or more of cocaine in a drug-free zone. Kizer was indicted for possession or casual exchange […]

Habitual Traffic and DUI Offender Not Suitable for House Arrest

December 3, 2013

Stephen Addleburg was indicted in July 2009 on numerous charges that included the violation of a habitual traffic offender order, possession of a handgun while under the influence, two counts of driving under the influence (“DUI”), and one count of driving under the influence eighth offense (“DUI 8th”). Addleburg was convicted by a Sullivan County […]

No More Probation or Alternative Sentencing Where Defendant Doesn’t Shape Up

November 27, 2013

Corey Austin appealed the trial court’s revocation of his probation and reinstatement of his eight-year sentence in the Department of Correction. Austin pled guilty in January 2011 to initiation of process to manufacture methamphetamine, a Class B felony, and was sentenced as a Range I, standard offender to eight years, suspended to probation after service […]

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What is “Constructive Possession” as far as a Charge of Drug Possession?

November 22, 2013

Christopher Shaw appealed his 15-year sentence for drug possession as to whether the evidence supporting his convictions was sufficient to establish constructive possession. Constructive possession is based on the circumstances of the case and may be based on circumstantial evidence. It is established when a person knowingly has the power and the intention at a […]

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Prior DUI in another state can be considered in in determining whether a DUI is a 2nd or 3rd offense in Tennessee

November 15, 2013

A prior DUI in another state can be considered in in determining whether a DUI is a 2nd or 3rd offense in Tennessee even if is it silent as to whether the Defendant has an attorney or waived his right to have an attorney in the prior case. In March of 2013, a unanimous Tennessee […]

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Does it Matter if a Traffic Stop and Sobriety Tests aren’t recorded by Police Video?

November 11, 2013

Olivia Epps pleaded guilty to first offense DUI and was sentenced but reserved a certified question of law on the legality of the traffic stop that led to her arrest. After she was indicted, Epps filed a motion to suppress, alleging that the officer who stopped her lacked reasonable suspicion or probable cause justifying the […]

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Court has Authority to Revoke Probation After Violation of Terms

November 5, 2013

The appellant, Joseph W. Jones, pleaded guilty to sale of a Schedule II controlled substance and received a three-year sentence that was suspended to probation. At an evidentiary hearing, probation officer Tiffany Lawson testified that she started supervising Jones’s probation in 2011. As conditions of his probation, Jones was required to complete an alcohol and […]

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Pre-Trial Detention in DUI Case Not “Punishment”

November 4, 2013

In March 2009, Nicholas Larsen was in a traffic accident and was issued misdemeanor citations for DUI and reckless driving.  He was transported to a hospital for treatment of his injuries. Larsen then reported to the jail a few weeks later. Larsen appeared before the general sessions court, where he was taken into custody, and […]

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Consecutive Sentences OK for 10-Time DUI Offender

October 29, 2013

Concurrent sentences are served all at the same time.  Consecutive sentences run back to back. William Richard Hicks appealed his convictions for several alcohol- and driving-related offenses—the most serious of which were DUI, 10th offense, and violation of the habitual motor vehicle offender (“HMVO”) statute.  Hicks was sentenced as a Range III, persistent offender to […]

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Police Overstep Bounds in Entering Home to Arrest DUI Offender

October 22, 2013

The Defendant, Justin Gibson, entered a guilty plea to driving under the influence, first offense. He agreed to a sentence of 11 months and 29 days, all of which was suspended after seven days’ incarceration. Gibson reserved a certified question of law challenging the warrantless search of his home as not justified by either consent […]

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