Rob McKinney's Recent Articles from LexMonitor

Will The Sex Offender Registry be Extended To Juveniles

rob@robmckinneylaw.com (Rob McKinney) — Thu, 11 Mar 2010 21:31:32 GMT

The Tennessee State Legislature debated whether to require juvenile sex offenders to be placed on the sex offender registry .The sex offender registry got it's start under the Adam Walsh Act. Melanie Bean , a criminal defense attorney from Lebanon , Tennessee is the Chair of the Legislative Committee for the Tennessee Association Of Criminal Defense Lawyers. She attended the meetings are here are her observations.Melanie has done a great job in following these bills.

After over three hours of testimony yesterday in the House Judiciary
Committee, the proposed bill that would establish a juvenile sex
offender registry was rolled one week for further testimony.

Juvenile Judges, mental health professionals, and others all testified
persuasively in opposition to the bill, which garnered some questions
from the Committee about possible amendments needed to the bill.
Overall it appears votes are there to pass a registry bill; therefore,
adding amendments that would establish judicial discretion and/or
nonpublic registry until child turns 18 are being discussed, among other
options are being sought.

Judge Irwin (Knox county), Magistrate Carlton Lewis (Davidson County), and Judge
Tatum(Wilson County) were exceptionally persuasive along with a Clinical
Psychologist from Vanderbilt who likewise did an excellent job.

All the professionals and juvenile judges don't think it's a good idea to require juveniles to be on the sex offender registry.one reason is the District Attorney's Office can seek a transfer to Adult court if they think a person poses a risk to society.It's important not to scare a juvenile for the just of their lives. Call your state legislator and express your thoughts to them.

.

Red Bull Plus Vodka Equals DUI Trouble

rob@robmckinneylaw.com (Rob McKinney) — Tue, 09 Mar 2010 20:48:04 GMT

The popularity of mixing Red Bull, Vodka, and Jagermeister in cocktails is gaining among college students.A vodka bomb or Jager bomb is the drink of choice with Vanderbilt ,Belmont , and MTSU students.However,studies are finding that the combination of caffeine and alcohol create a poly-drug which can lead to a host of dangers.

DUI attorney Neil Shouse addressed some of these issues in a recent post on DUI Blogger .Mr.Souse reported that the caffeine in these types of energy drinks masks the effects of intoxication.A recent study on the issue at the University of Florida found that drinkers who leave a bar after mixing these drinks are four times more likely to drive home.

Allison Aubrey of National Public Radio reported on these findings from the University of Florida and a previous study by Wake Forrest University.

"They believe the stimulant effect counteracts the depressant effect of alcohol," said Bruce Goldberger, a toxicology professor at the University of Florida and senior author of the new study. "But that's not what's going on."

In 2008,Anheuser Busch announced it would stop making alcoholic drinks that included caffeine.The Food and Drug Administration have urged beverage companies to prove these drinks aren't dangerous.

In my college days, a Jack and Coke was as good as it got.

Steeler Quarterback Questioned in Sexual Assault

rob@robmckinneylaw.com (Rob McKinney) — Mon, 08 Mar 2010 23:52:10 GMT

Pittsburgh Steeler quarterback Ben Roethhlisberger is under investigation in Georgia .The charge is sexual assault.The quarterback is also involved in a similar allegation in Lake Tahoe. Roethlisberger is being represented by Georgia lawyer Ed Garland. Mr.Garland has denied the charges.

"The facts show that there was no criminal activity. No sexual assault occurred," attorney Ed Garland said in a statement Monday. "Ben is completely innocent of any crime."

The local District Attorney General is investigating the young lady"s allegations.

"The investigation is ongoing. It would be premature to make any announcement at this time," said Fred Bright, district attorney for the Ocmulgee Judicial Circuit. "When the facts are in and a decision is made, we will let you know."

The lesson for those being charged with a sex crime is to follow Big Ben's lead.

1.Don't make any statements to the police.

2.Hire a lawyer as soon as possible.

However, two allegations of sexual assault has to make one wonder.At least he had sense to confer with an attorney first.Most people try to talk their way out of it without much luck.

How to Handle a Shopliftimmmmmmng Case In Nashville

rob@robmckinneylaw.com (Rob McKinney) — Mon, 08 Mar 2010 18:05:29 GMT

I get a lot of questions about shoplifting cases in Nashville.Should you get an attorney ? Can I keep it off my record ? What happens if your convicted ? I created a short video to help answer some of your questions.If you have any further questions please feel free to leave a question in the comment section of the blog. Remember these tips on shoplifting charges only apply in Davidson County,Tn.Shoplifting cases in Williamson County and Sumner County are completely different.

How to Handle a Shoplifting Case In Nashville

rob@robmckinneylaw.com (Rob McKinney) — Mon, 08 Mar 2010 18:05:29 GMT

Crime Lab to Be Examined

rob@robmckinneylaw.com (Rob McKinney) — Sat, 06 Mar 2010 15:51:00 GMT

In light of the finding of the innocence of a North Carolina Man,Gregory F. Taylor ,North Carolina Attorney General Roy Cooper has ordered a review of the state's crime lab after disclosures about practices there that led to the exoneration of Mr.Taylor who had been wrongly accused of murder.Two former assistant directors of the Federal Bureau of Investigation will review the crime lab's practices and protocols in criminal cases dating back to the 1990's. I had previously reported that a special panel reviewed Mr.Taylor's case and found by clear and convincing evidence that Mr. Taylor was innocent.The conviction was based on flawed evidence from the crime lab.One key piece of evidence used at trial was blood stain evidence. The stains found in the truck were not human blood which the prosecutor alleged.

The point of this story is that crime labs are not infallible.In this age of "CSI" evidence , jurors have placed blind faith in forensic evidence such as paint transfers, blood tests,fingerprints.Testing protocols should be called into question or investigated in serious felony cases where the case is based primarily on forensic evidence.

Sex Offender Registry Case May Be Reviewed

rob@robmckinneylaw.com (Rob McKinney) — Fri, 05 Mar 2010 23:09:47 GMT

The United States Supreme Court is considering granting a writ of certiorari in Kentucky v. Baker.Baker is challenging the constitutionality of a component of Kentucky's sex offender registration laws on ex post facto grounds.The court may decide soon on whether to grant the writ.You can follow the update on the Scotus Blog which is an excellent resource to stay up to date on major criminal constitutionally issues that impact the criminal justice system.

Jail Credits When State and Federal Systems Collide

rob@robmckinneylaw.com (Rob McKinney) — Wed, 03 Mar 2010 23:30:27 GMT

This week I had the opportunity to attend a lecture hosted by the Federal Public Defenders Office for the U.S District Court here in Nashville.First, I would like to thank the folks that presented and sponsored the topic.The lecture focused on the " Interaction of Federal and State Sentences When the Federal Defendant is Under State Primary Jurisdiction". The focus of the discussion was based upon an article written by Henry Sadowski,Regional Counsel Northwest Region,Federal Bureau of Prisons. A complete copy of the article can be read here.

Here are my takeaways from the talk;

1.In any computation of a federal sentence,two separate decisions must be made:when the federal sentence commences and to what extent the defendant can receive credit for time spent in custody prior to commencement of the sentence.

2.The Federal Bureau of Prisons has been delegated to compute the sentence.The court nor anyone else can compute the sentence.

3.A federal sentence does not begin to run until the state authorities relinquish the prisoner on satisfaction of the state obligations.

4.The general rule is no credit is afforded towards a federal sentence if credit has been given for the same period of custody towards a state sentence.

5.The general rule is that the sentence imposed by the sovereign with primary jurisdiction is served first.

6.The primary custodian is responsible for the custody of the defendant until primary jurisdiction is relinquished.

Why are these rules important to those charged in federal and state court.The common facts that I see are someone is on state probation . The defendant picks up new charges like a weapon charge.A defendant could then have his probation violated then has to flatten that sentence then serves the federal sentence.An attorney has to be careful in these concurrent state and federal cases.

How to Beat a DUI Case In Nashville

rob@robmckinneylaw.com (Rob McKinney) — Wed, 03 Mar 2010 22:56:09 GMT

There are several myths about defending a DUI case.Several years ago Atlanta,Ga DUI lawyer Bubba Head wrote an article on the five myths of defending a DUI case.One of those myths is you can't win a DUI case.You can beat a DUI case if the facts are on your side.Here are some tips on beating your DUI case.

Duke Lacrosse Rape Case Update

rob@robmckinneylaw.com (Rob McKinney) — Tue, 02 Mar 2010 21:44:03 GMT

Last night the last thing I wanted to read about was the law. I battled a case and went home for a little down time. I thought I would read about the Olympics in Sports Illustrated , however a news update caught my attention.SI reported that Crystal Mangum who made the false allegations of being raped by three Duke lacrosse players was charged with attempted first-degree murder.Police responded to a domestic violence report and found Ms.Mangum assaulting her housemate.Mangum attempted to set the person's clothes on fire.Bond was set at $250,000.

I was wondering if disbarred prosecutor Mike Nifong has got his law license back so he could take over the case.Nifong and Mangum ruined several young men's good names and now the circle is complete

How To Hire a Nashville DUI Lawyer

rob@robmckinneylaw.com (Rob McKinney) — Mon, 01 Mar 2010 23:50:34 GMT

If you have the misfortune to get arrested for DUI in Nashville,Tn. , you will get from 15-20 letters , postcards, and even a magazine.How do you hire the best DUI lawyer for your case.I created a short video that will help you go though the process of hiring a DUI lawyer in Tennessee.

In addition you might want to do some on line research .AVVO and Martindale-Hubbell are the two primary attorney rating sources.

Refusing the Blood or Breath Alcohol Test

rob@robmckinneylaw.com (Rob McKinney) — Sun, 28 Feb 2010 21:57:19 GMT

In today's criminal news , Knox County Assistant District Attorney Kevin Allen was charged with Driving Under The Influence (DUI) in Anderson County,Tennessee.Mr. Allen was also charged with violating the implied consent law for refusing to take the blood or breath alcohol test. A violation of the implied consent charge carries a loss of license for months.

Remember Mr. Allen is presumed innocent until he is found guilty beyond a reasonable doubt. The reason I am mentioning the case is that even prosecutors realize that submitting to a blood alcohol test or breath test is not such a good idea.

Mortgage Fraud Cases on the Rise

rob@robmckinneylaw.com (Rob McKinney) — Thu, 25 Feb 2010 18:46:37 GMT

Mortgage fraud cases are on the rise across the country.The FBI is holding a mortgage fraud task force meeting in Miami ,Fl. In Florida , the mortgage fraud problem has reached epidemic proportions. Mortgage fraud cases have even popped up in the Federal District Courts here in Tennessee.The Wall Street Journal has recently published stories on the topic.

As long as criminals are out to make a quick buck by preying on homeowners and lenders, we will continue to work side-by-side with our partners to protect the American dream for years to come and ensure that criminals who try to enrich themselves through mortgage fraud schemes are brought to justice,” said FBI Deputy Assistant Director for the Criminal Investigative Division Karen Spangenberg

There was no oversight when all the bankers were making the obscene profits.Now the FBI wants to crackdown.Where were they when we needed them the most.

Tennessee Drug Interdiction cases

rob@robmckinneylaw.com (Rob McKinney) — Wed, 24 Feb 2010 22:34:07 GMT

Drug Interdiction cases are on the rise on Tennessee interstates A trip down I-40 or I-24 will reveal all types of police drug interdiction units.I prepared a short video of the ins and outs of defending a drug interdiction case.Here's some tips on how to beat a drug interdiction case.

What To Do If Your Being Investigated For A Sex Crime

rob@robmckinneylaw.com (Rob McKinney) — Tue, 23 Feb 2010 23:44:57 GMT

One of the most terrifying events that happen to a citizen is when the police come to your house.If you are being investigated for a sex crime , child sex abuse crimes, or child pornography , the police come to you. The central police tactic is to obtain a confession or get consent to search your home for evidence like your computer.Here is some advice if you are under investigation for a sex crime ,child abuse or other types of sex offenses.

Justice Texas Style

rob@robmckinneylaw.com (Rob McKinney) — Tue, 23 Feb 2010 13:59:25 GMT

Charles Dean Hood sits on death row in Texas. After the trial , it was discovered that Judge Verla Sue Hood and the prosecutor Thomas S. O'Connell were having an extramarital love affair during the trial.Recently, Texas's highest court for criminal matters rejected Mr.Dean's appeal.The court held Mr.Hood waited too long to raise the issue of whether a love affair between the judge and the prosecutor could create a conflict of interest.

“A judge who has engaged in an intimate, extramarital, sexual relationship with the prosecutor trying a capital murder case before her has a conflict of interest and must recuse herself,” the brief from the ethics experts said. “Of all the courts to have considered the issue, only the Texas Court of Criminal Appeals in this case failed to recognize this imperative.” Reported Adam Liptak of the New York Times.

A former governor, former FBI director,U.S. Attorney, and a host of other judges and prosecutors have filed a brief in support of Mr. Hood's appeal to the United Supreme Court.

?

The District Attorney in Collin County , Texas ,John Roach, was quoted as " the past romantic relationships,of even public figures,become a matter that is entitled to a little privacy". I quess Mr. Roach is not following Tiger Woods issue.Bias is a subtle issue. when a man's life is on the line it is completely wrong for the judge not to recuse ones self. Last year the Supreme Court weighed in on the judicial ethics.

“The probability of actual bias on the part of the judge,” Justice Anthony M. Kennedy wrote for the majority, was “too high to be constitutionally tolerable.”

It's time for the Supreme Court to step up to define these ethical pitfalls.

Tennessee's DUI Ignition Interlock Law Moves Forward

rob@robmckinneylaw.com (Rob McKinney) — Sun, 21 Feb 2010 19:41:11 GMT

Tennessee's version of the DUI Ignition Interlock Law has moved forward. Currently there are two of the being proposed. House Bill 2768 by Representative Shipley is less restrictive than House Bill 2917 which is being pushed by MADD.House Bill 2917 would require an ignition interlock device of everyone that is convicted of drunk driving in Tennessee with no exceptions.

Representative Shipley's bill sets some guidelines before an ignition interlock is required.

1.The defendant must have a blood or breath alcohol content of .15 % or higher.

2.Is accompanied by a person under 18

3.Violates the implied consent law.

Laura Dial,executive director of MADD Tennessee weighed in on this issue in an editorial in The Tennessean.One thing that everyone can agree with Ms. Dial is drunk driving is not a good thing even me.Currently , there are 12 states that have enacted an ignition interlock bill.Ms. Dial provides a lot of statistics supporting her position.She states the laws aren't punishing people but only those that are convicted of drunk driving.Ms Dial also blasts the American Beverage Institute for opposing these DUI laws that have increased in severity over the years.Are we going to outlaw a glass of wine with dinner or a beer at the Titan's game.

The problem with the DUI ignition Interlock bill is twofold.

1.It punishes someone from asserting their constitutional right not to give evidence against oneself.

2.DUI breath and blood testing evidence is faulty and doesn't even comply with the basic scientific method that my son is learning in 7th grade science. The Tennessee Bureau of Investigation does not require duplicate breath or blood alcohol testing.Most states require duplicate testing on breath and blood samples.Most of the forensic scientists at the TBI are members of the Society of Forensic Toxicologist which recommend duplicate testing.The Tennessee Bureau of Investigation couldn't pass my son's science class with their testing.That's my issue.

North Carolina Frees Inmate

rob@robmckinneylaw.com (Rob McKinney) — Fri, 19 Feb 2010 20:55:16 GMT

A North Carolina special state innocence commission recommended that a man convicted of murdering a prostitute be set free.A three judge panel found by "clear and convincing evidence" that Gregory F.Taylor was innocent and had been convicted with questionable evidence and untrustworthy testimony.Mr.Taylor is free today.

North Carolina is the only state that has established an Innocence Inquiry Commission.A eight member panel reviews claims of innocence by inmates.After a review of the claim, the case may be sent to a three judge panel if the first panel finds the claim has merit.

"North Carolina's commission is an important model for the adjudication of innocence claims"' said Barry Scheck of the New York Innocence Project.The Innocence Project uses DNA evidence to overturn wrongful convictions.However, over 90% of criminal cases does not involve DNA evidence reports Robbie Brown of the New York Times.

Tennessee and most other states have no mechanism in place to review claims such as the case of Mr.Taylor .The Taylor case is important in that the procedure used in North Carolina should be implemented in Tennessee and across the nation.North Carolina's procedure work.The Tennessee State Legislature needs to introduce a bill to adopt North Carolina's model to act as an additional safeguard to prevent wrongful convictions.

Mr.Taylor spent 6149 days in prison before he was released.The evidence was based on stains in his truck that weren't blood stains and witnesses who testified to facts that could not have happened.

The Tennessee State Legislators who propose some idiotic bills to get on the tough on crime bandwagon should consider North Carolina's system.Tennessee has procedural bars in place that prohibits litigation on innocence issues.

The Truth About Crime

rob@robmckinneylaw.com (Rob McKinney) — Thu, 18 Feb 2010 15:53:55 GMT

The John Jay College of Law has announced a special showing of the BBC documentary "The Truth About Crime". The documentary is a fascinating study of the effects of crime and law enforcement in a town in England.It will be shown on the web and you can register here to watch the program.After the showing , a panel discussion will be held to discuss law enforcement issues and community services. It's a must see for those in the criminal justice system

Gun Charges in Nashville

rob@robmckinneylaw.com (Rob McKinney) — Tue, 16 Feb 2010 22:01:26 GMT

Gun charges in Nashville ,Tennessee are serious business especially if you have a felony record.Rule 1,if you have a record please do not carry a weapon.You may wind up charged in federal court.There may be some new laws in Tennessee this term in the state legislature like the guns in bars bill.

New York has taken the opposite approach to gun laws.New York Mayor Michael Bloomberg recently announce the introduction of legislation that would make it illegal to carry a gun under the influence of alcohol."If you are too intoxicated to drive a car,you should not be carrying a gun,"said Mayor Bloomberg.Tennessee already has a law on the books that prohibits a person to possess a handgun while under the influence of alcohol or any controlled substance under T.C.A. 39-17-1322.However , it's okay to be drinking in the duck blind or the tree stand in Tennessee.Now the difference under the New York law is that it requires a blood alcohol level of .08 % alcohol .Tennessee does not define the term under the influence.