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- Criminal Law, Appellate Procedure, Rules (1)
- Criminal Law, Criminal Procedure, Plea Bargaining, Vertical Prosecution, Community Policing, Community Prosecution, Community Probation (1)
- Criminal Law, Judges (1)
- Criminal Law, Jury Selection (1)
- Criminal Law, Prosecutional Ethics, Wrongful Convictions (1)
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- Criminal Law, Public Defender, Ethics, Professional Responsibility, Gideon v. Wainwright, Powell v. Alabama, Fourteenth Amendment (1)
- Criminal Law, Rappers, Rap Music, Evidence, Juror Bias (1)
- Criminal Law, Rules of Evidence, Criminal Procedure, Practitioner (1)
- Criminal Law, Self-defense, Tennessee, Tennessee Supreme Court (1)
- Criminal Law, Sexual Assault, Sexual Harassment, Prosecution, Defense (1)
- Criminal Law, Tennessee, Tennessee Supreme Court, Advice of Rights, Death Sentence (1)
- Criminal Law, Tennessee, Tennessee Supreme Court, Sentencing, Appellate Review (1)
- Criminal Law, Title IX (1)
- Criminal Law, Title IX, Administrative Law (1)
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- Criminal Law, Title IX, Sexual Assault, Sexual Harassment (1)
- Criminal Law, United States Supreme Court, Habeas Corpus, Ineffective Counsel (1)
Articles 1 - 17 of 17
Full-Text Articles in Law
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Pursing The Guilty And Protecting The Innocent Through Smart Prosecution, Amy Weirich
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by General Amy Weirich, who serves as the District Attorney General for the 30th Judicial District in Memphis, Tennessee. She speaks about what district attorneys do and also, the big question posed: “If I could change one thing about the criminal justice system, what would that be?”. She starts by providing background on how the office in Shelby County, Tennessee, works and how most DA’s offices work around the nation and moves on to Shelby County's pilot of vertical prosecution including community policing, community prosecution and hopeful implementation of community …
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
It's Amazing What You Can Find In Those Books: Top Ten Underutilized Rules For The Criminal Law Practitioner, Wade Davies
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Wade Davies a partner at Ritchie Dillard Davies & Johnson in Knoxville, Tennessee. You should never assume that you know how to do something no matter how long you have been practicing law. One of the best things you can do if you’re trying cases, no matter how long you’ve been doing it, is to take out the rule book and re-read the Rules of Evidence and the Rules of Criminal Procedure. When you read the rules in a different context when you’re working on different cases, reconsidering the rules …
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Public Defense In Tennessee: Public Pretense?, Dawn Deaner
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Dawn Deaner the Metropolitan Public Defender for Nashville-Davidson County. Today I will talk about the problems I see in Tennessee, and some solutions that could help. I am a public defender, and I am going to talk about public defense in Tennessee from a public defender’s perspective. I will touch upon ideals of equality, justice, fairness, and ethics. I will also touch on our legal duty, as well as our moral duty as people who care, hopefully, about equal justice in this country.
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Prosecutorial Ethics And Wrongful Convictions, Victor (Torry) S. Johnson
Belmont Criminal Law Journal
Transcript of a presentation given during the 2017 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current visiting Professor of Law at Belmont University College of Law. Today, we are going to talk about lessons from wrongful convictions. We are going to look at the historical contexts of wrongful convictions. We will examine some of the main factors that seem to exist in some of the important cases that illustrate those wrongful convictions. We will also talk about the possible causes and look at the role that lawyers play, regardless of which side of …
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal Symposium 2017: Judicial Panel, Jeffery S. Bivins, Joseph A. Woodruff, Timothy L. Easter, Angelita B. Dalton
Belmont Criminal Law Journal
Transcript of the Judicial Panel given during the 2017 Symposium featuring Chief Justice Jeffrey S. Bivins, Judge Joseph A. Woodruff, Judge Timothy L. Easter, and Judge Angelita B. Dalton.
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Getting It Right: Title Ix's Role In Adjudicating Sexual Assault Claims, Mary Margaret "Meg" Penrose
Belmont Criminal Law Journal
Sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Perspectives On Title Ix From A General Counsel's Office, Laurence Pendleton, Jeff Farrar
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Laurence Pendleton who serves as University Counsel and Secretary to the Board of Trustees at Tennessee State University and Jeff Farrar who serves as the Associate University Counsel for Middle Tennessee State University discussing the role of the Department of Education in providing recommendations and advice to universities and the role of an attorney in the general counsel's office in interacting with Title IX.
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Criminal Law In Practice Series: Jury Selection, Rob Mcguire
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Rob McGuire who currently serves as Assistant United States Attorney for the Middle District of Tennessee and an adjunct professor at Belmont University College of Law speaking on Jury Selection.
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Criminal Law In Practice Series: Appellate Procedure Panel, Leslie Price, Jeff Devasher
Belmont Criminal Law Journal
Transcript of a presentation given during the Criminal Law in Practice Series by Leslie Price with the Tennessee Attorney General’s Office and Jeff DeVasher with the Nashville Public Defenders Office discussing some appellate law issues.
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
State Of Tennessee V. Antoine Perrier, Nickolas Bolduc, Dakota Dexter
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Antoine Perrier”. The law now holds that the Tennessee legislature intended that the phrase “not engaged in unlawful activity” contained in the self-defense statute constitutes a condition on an individual’s privilege to not retreat prior to exercising self-defense. Next, the trial court now possesses the duty of determining whether a defendant was engaged in unlawful activity at the time of the alleged self-defense as to negate the applicable instruction. Those holdings are the newest additions to Tennessee law.
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
State Of Tennessee V. Kevin E. Trent, Ben Raybin, Juliana Lamar
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Kevin E. Trent”. The central holding vacating the sentence in this case did not establish a new doctrine of law but merely reiterated the holding in Travis that the essential elements of the offense alone cannot justify denial of probation in a probation-eligible offense. The Trent decision should be viewed by trial judges and practitioners primarily as a reminder of that principal. On the other hand, the court broke some new ground in appellate review. Prior decisions established that appellate courts can only uphold a sentence if the …
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
State Of Tennessee V. Sedrick Clayton, Amanda Gentry, Kendahl Shoemaker
Belmont Criminal Law Journal
Student comments on the Tennessee Supreme Court decision “State of Tennessee v. Sedrick Clayton”. All defendants charged with crimes deserve a competent and rigorous defense because of the higher stakes in a criminal matter, the loss of liberty, and none more so than in a capital punishment case where the stakes for the defendant are at the highest—the loss of life. This case and the Court’s subsequent analysis illustrates the incredible importance of compliance with all procedural requirements when mounting a defense on behalf of a defendant, as the failure to comply with certain procedural rules ultimately resulted in the …
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
The Gap Between Martinez And Davila: Serving The Next Generation Of Federal Habeas Corpus Cases, Lexie Ward
Belmont Criminal Law Journal
During the summer of 2017, the United States Supreme Court announced a decision in Davis v. Davila, which bars substantial claims of ineffective assistance of appellate counsel that have been procedurally defaulted. However, despite the merits of limiting the number of cases which were not diligently pursued by an inmate, the Court states its conclusion too broadly and now effectively bars a prisoner from bringing claims of significant trial error in front of any court. A prisoner’s claim that was not available until a trial-level appeal, and was then avoided due to ineffective post-conviction counsel, may now be dodged by …
Anything You Spit Can Be Use Against You, Juliana Lamar
Anything You Spit Can Be Use Against You, Juliana Lamar
Belmont Criminal Law Journal
Rap lyrics have a high probative value when the lyrics tend to show a defendant’s destructive behavior and confrontational mindset, but the use of this evidence can be highly prejudicial to criminal defendants. Studies have shown graphic evidence leads jurors to experience negative emotional states, and to analyze evidence in accordance with those feelings. This suggests that if a defendant’s profane and violent lyrics are presented before the jury, there is a strong likelihood the jury will react more to the words in the lyrics in characterizing the defendant, rather than the defendant’s case as a whole. To avoid the …
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Prosecuting And Defending Campus Assaults: Practitioners' Perspectives, Victor (Torry) S. Johnson, Richard Mcgee
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Victor S. (Torry) Johnson former District Attorney General for Davidson County and current Visiting Professor of Law at Belmont University College of Law and Richard McGee a criminal defense lawyer in Nashville, Tennessee in the Public Defender’s Office giving a practitioner's perspective on prosecuting and defending campus assaults.
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Title Ix From A Coordinator's Perspective, Kathy Hargis, Stephanie Roth
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Title IX Coordinators Kathy Hargis and Stephanie Roth giving a sense of what exactly Title IX provides for and what the scope of Title IX is.
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Title Ix Policy Changes From An Administrative Law Perspective, Amy Moore
Belmont Criminal Law Journal
Transcript of a presentation given during the 2018 Symposium by Amy Moore looking at administrative law for a better handle on how to treat all of the documents that come along with Title IX, that interpret the pieces. There are a lot of pieces of Title IX, and a lot of different types of documents, but this presentation focuses on the sexual harassment guidance documents.