Can your wife testify against you? The Sixth Circuit Court of Appeals(Tennessee’s circuit) decided yesterday that one cannot invoke marital privilege in child abuse cases as to confidential communications. There are two types of marital privilege. First, a spouse cannot be compelled to testify adversely against his or her spouse. The privilege is held by […]
The United States Supreme Court decided today in Virginia v LeBlanc that the law is still unsettled as to whether a Virginia geriatric statute is enough to satisfy the standard in Graham that a juvenile convicted as an adult must be given a reasonable opportunity for release, showing that he has rehabilitated himself. This case […]
The Tennessee Supreme Court has ruled in State v Rowland that one cannot appeal the denial of a Motion to Return Property where he did not file and have ruled upon a pretrial Motion to Suppress Evidence. If that happens to someone, they may still have a remedy. If their trial counsel was ineffective for […]
Tennessee law provides that one who is arrested shall not be booked until he has been allowed one completed telephone call to a person of his choice without undue delay. This law is simply not followed and should be. Jails routinely book arrested persons before their allotted phone call, and they are not permitted a […]
The United States Supreme Court decided an important forfeiture case that originated in Chattanooga. Judge Sandy Mattice, a Chattanooga district judge, decided that in Honeycutt v United States that Honeycutt’s assets could not be forfeited when it was his brother, not him, who benefited financially from the crime. The Sixth Circuit Court of Appeals reversed […]
Just because a doctor has issued a prescription for certain medications and it is legal to use and have possession of them does not necessarily mean it is legal to drive while the medications are effective in the system. This is still a gray area of law concerning the level of intoxication, but that does […]
Have you recently been arrested for a DUI? If so, you might be wondering what is going to happen next. As you might already know, drinking and driving is considered to be a serious matter by the state of Tennessee, and you could be facing pretty serious consequences. You can help minimize the effects of […]
If you or a loved one has been convicted in violation of the United States or the Tennessee Constitutions, we at Whitt, Cooper & Hedrick may be able to help you. Courts are authorized to vacate or set aside convictions or sentences if there is a Constitutional violation. One may have had incompetent trial counsel […]
We at Whitt, Cooper & Hedrick love hearing these two words. We work hard to earn these two words from juries. We have been fortunate to earn this verdict on many occasions. Some believe that being found not guilty is the same as being found innocent. Sometimes it does. But sometimes it means that the […]
Facing criminal charges can be terrifying, and it’s important to prepare for your potential case thoroughly. Hiring a defense attorney is critical for improving your odds of beating charges. Here are a few questions to ask your defense attorney. Overall Strategy While lawyers need time to prepare cases, they can often provide a general overview […]
