Rutherford DUI-DWI Lawyer, Tennessee
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Jennifer Deen-mcewen
Criminal, Business & Trade, Family Law, State Government
Status: In Good Standing Licensed: 19 Years
108 S. Court Square, Trenton, TN 38382
Profile LAWPOINTS™29/100
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Michael Carter
Child Custody, Divorce & Family Law, Criminal, Bankruptcy & Debt
Status: In Good Standing
Milan, TN 38358
Profile LAWPOINTS™34/100
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248 State Route 186 South, Humboldt, TN 38343
Profile LAWPOINTS™24/100
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106 Gibson Wells Brazil Rd, Humboldt, TN 38343
Profile LAWPOINTS™24/100
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106 Gibson Wells Brazil Rd, Humboldt, TN 38343
Profile LAWPOINTS™19/100
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Marsha Cope Huie
Dispute Resolution, Family Law, Criminal, Business & Trade, Car Accident
Status: In Good Standing Licensed: 49 Years
202 W Main St, Newbern, TN 38059
Profile LAWPOINTS™16/100
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LEGAL TERMS
ACTUS REUS
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For ... (more...)
Latin for a 'guilty act.' The actus reus is the act which, in combination with a certain mental state, such as intent or recklessness, constitutes a crime. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object (the mental state, or mens rea).
CORPUS DELECTI
Latin for the 'body of the crime.' Used to describe physical evidence, such as the corpse of a murder victim or the charred frame of a torched building.
INADMISSIBLE EVIDENCE
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main r... (more...)
Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason why evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case --for example, hearsay evidence, or an expert's opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect--for example, as compared to its value, it will take too long to present or risks enflaming the jury, as might be the case with graphic pictures of a homicide victim. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible. Because the rules of evidence are so complicated (and because contesting lawyers waste so much time arguing over them) there is a strong trend towards using mediation or arbitration to resolve civil disputes. In mediation and arbitration, virtually all evidence can be considered. See evidence, admissible evidence.
SEARCH WARRANT
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue... (more...)
An order signed by a judge that directs owners of private property to allow the police to enter and search for items named in the warrant. The judge won't issue the warrant unless she has been convinced that there is probable cause for the search -- that reliable evidence shows that it's more likely than not that a crime has occurred and that the items sought by the police are connected with it and will be found at the location named in the warrant. In limited situations the police may search without a warrant, but they cannot use what they find at trial if the defense can show that there was no probable cause for the search.
IRRESISTIBLE IMPULSE TEST
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his ac... (more...)
A seldom-used test for criminal insanity that labels the person insane if he could not control his actions when committing the crime, even though he knew his actions were wrong.
DISCOVERY
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witness... (more...)
A formal investigation -- governed by court rules -- that is conducted before trial. Discovery allows one party to question other parties, and sometimes witnesses. It also allows one party to force the others to produce requested documents or other physical evidence. The most common types of discovery are interrogatories, consisting of written questions the other party must answer under penalty of perjury, and depositions, which involve an in-person session at which one party to a lawsuit has the opportunity to ask oral questions of the other party or her witnesses under oath while a written transcript is made by a court reporter. Other types of pretrial discovery consist of written requests to produce documents and requests for admissions, by which one party asks the other to admit or deny key facts in the case. One major purpose of discovery is to assess the strength or weakness of an opponent's case, with the idea of opening settlement talks. Another is to gather information to use at trial. Discovery is also present in criminal cases, in which by law the prosecutor must turn over to the defense any witness statements and any evidence that might tend to exonerate the defendant. Depending on the rules of the court, the defendant may also be obliged to share evidence with the prosecutor.
PROSECUTOR
A lawyer who works for the local, state or federal government to bring and litigate criminal cases.
DISTRICT ATTORNEY (D.A.)
A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewi... (more...)
A lawyer who is elected to represent a state government in criminal cases in a designated county or judicial district. A D.A.'s duties typically include reviewing police arrest reports, deciding whether to bring criminal charges against arrested people and prosecuting criminal cases in court. The D.A. may also supervise other attorneys, called Deputy District Attorneys or Assistant District Attorneys. In some states a District Attorney may be called a Prosecuting Attorney, County Attorney or State's Attorney. In the federal system, the equivalent to the D.A. is a United States Attorney. The country has many U.S. Attorneys, each appointed by the President, who supervise regional offices staffed with prosecutors called Assistant United States Attorneys.
MCNAGHTEN RULE
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.
SAMPLE LEGAL CASES
State v. Brooks
... On appeal, Brooks raises the following issues: (1) whether the language of the DUI pattern jury
instruction, particularly the phrase "impairs to any extent," is confusing and reduces the State's
burden of proof; (2) whether the trial court erred in admitting the results of his breath ...
Macon v. SHELBY COUNTY GOV'T CIVIL SERVICE
... Petitioner/Appellant Jimmy Macon ("Mr. Macon") was employed as a deputy jailer with the Shelby
County Sheriff's Department ("Sheriff's Department") when he was arrested on August 28, 2003
in West Memphis, Arkansas for DUI, speeding, and improper lane change. ...
State v. Gray
... OPINION. JAMES CURWOOD WITT, JR., JUDGE. A Marion County Circuit Court
jury convicted the defendant, Jackie Lynn Gray, of two counts of driving under the
influence (DUI) and speeding. The trial court merged the DUI ...
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