05Jul 2017

The United States Court of Appeals for the Sixth Circuit ruled today in Gordon v Lafler that a judge’s conduct could not arise to a due process violation. Throughout the trial the judge and defense lawyer had exchanged comments that certainly could influence a jury. In addition, the judge found the defense lawyer in contempt […]

30Jun 2017

There is no question that Tennessee is a gun friendly state, and this year’s legislative session proved it. Two important gun rights were added to those already enjoyed by Tennesseans. First, Tennesseans can now manufacture and possess silencers legally. The Tennessee Hearing Protection Act of 2017 will not affect federal regulations but it will remove […]

26Jun 2017

The United States Supreme Court recently decided in Lee v United States that when one pleads guilty based on his counsel’s errors and gives up the right to a trial, which he certainly would have exercised had he known the consequences of his plea, he is entitled to a new trial. Lee was charged with […]

22Jun 2017

We are all entitled to a public trial. The public and the press are also entitled to a public trial in order to ensure that free society is open and subject to inspection. The United States Supreme Court decided a public trial case today in Weaver v Massachusetts. Because of space issues, the courtroom was […]

21Jun 2017

For those who don’t follow college baseball, Luke Heimlich is the ace pitcher for Oregon State, who enters this year’s College World Series as the favorite with a 54-4 record this season. In 2012, Heimlich pleaded guilty to one felony count of sexually molesting a 6-year-old female relative in Washington (his home state). Heimlich registered […]

20Jun 2017

The United States Supreme Court reversed an Alabama case in which the defendant was denied an expert mental health professional yesterday. In an unusual application of the Anti-Terrorism and Effective Death Penalty Act, the Court held that to deny him mental health assistance in his capital case was an unreasonable application of Supreme Court law. […]