For cases coming before Tennessee courts regarding a drug sniffing dog, one needs to read State v. Ariana Majors, 2021 WL 4347273, 2021 Tenn. Crim. App. Lexis 450, (Tenn. Crim. App 9/24/2021), a case I won on appeal in September 2021. In Majors, the Tennessee Court of Criminal Appeals upheld a Montgomery County Circuit Court […]
As Americans approach the first anniversary of COVID-19 shutdowns, it is important to remember that courtesy must not be hidden behind our masks. Stores and businesses must not just open doors, they must also reopen customer service. In the legal profession, a sharp tongue and quick wit are vital, useful and valued. That being said, […]
While extremely unpopular, Tennessee County Mayors, (and many City Mayors), have the power, under Tenn. Code Ann. sec. 58-2-110, to order masks be worn in public settings during a time of pandemic emergency. Tennessee’s Governor Bill Lee has declared the COVID-19 pandemic an emergency under Tenn. Code Ann. sec. 58-2-107. For citizens, this means that […]
The U.S. Supreme Court’s decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), (decided on July 9, 2020), saw that Court uphold a 200 year old treaty between the United States and Creek Indians that traces back to Andrew Jackson and the Trail of Tears. As a result of the McGirt decision, most of […]
People mistakenly believe that an attorney-drafted will is expensive. If one looks around, they can probably find an attorney that will draft a “Simple Will Kit” for $100.00 or less. This price is comparable to commercial “Do It Yourself” wills. The difference is that an attorney-drafted simple will kit usually includes A} the Simple Will, […]
Attorneys still have the ability to contact inmates via Skype, Zoom, Face-time, or other video chats during the COVID-19 pandemic. Likewise, shut-ins at nursing homes can be contacted by attorneys because the legal profession is deemed an “essential service” by state and federal governments. Most of these contacts are actually easier for the attorney than […]
The COVID-19 pandemic may temporarily delay a lawsuit, but it does not stop a lawsuit. While courts may be closed for all but extraordinary or emergency circumstances, cases can still be filed, discovery continues, and mediation occurs. Be sure to check with your attorney because time deadlines may be running. Legal representation is one of […]
Every person needs a Will. Some attorneys will try to push a client into establishing Living Trust, or a Revocable Living Trust, or an Irrevocable Living Trust. For most people, a Simple Will meets the needs of the vast majority of estates. A trust is generally only a necessity for estates of 2 million dollars […]
A juvenile cases is a civil, not criminal proceeding. For practical purposes, the ramifications of a juvenile court adjudication of delinquency or unruly will not appear much different from an adult criminal conviction in the Minor’s immediate perception. Both carry potential probation and possible incarceration. Both can be a hinderance for future career decisions. The […]
When most people think of “DUI,” (Driving Under the Influence), they think solely of alcohol. While alcohol consumption is the most common basis for a DUI charge, it isn’t the only basis. Prescription drugs, even taken as directed, can lead to a DUI conviction. Tenn. Code Ann. sec. 55-10-411(e). Any drug or stimulant that affects […]