Pork & Procedure @PorkNProcedure
(Almost) weekly review of Tennessee appellate court decisions re: criminal law & procedure porkandprocedure.com Joined May 2014-
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"[The pre-trial credits statute] obviously was passed to prevent invidious discrimination between persons of means and those of none." Anderson v. Washburn, No. M2018-00661-CCA, slip op. at 6 (Tenn. Crim. App. Feb. 5, 2019) Or pass legislation reforming pre-trial incarceration
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App Ct says it's ok to use a "properly-filed petition for writ of habeas corpus" to challenge an erroneous award of pre-trial credits. Anderson v. Washburn, No. M2018-00661-CCA (Tenn. Crim. App. Feb. 5, 2019). Op: ow.ly/cQDf30nDPqC Dissenting Op: ow.ly/Chhe30nDPsR
RT @AnnMLipton: business law makes me laugh …
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The number of incarcerated women increased by more than 700% between 1980 & 2016. In @damarishill's new book #ABoundWomanIsADangerousThing, she pens autobiographical poems on black women in bondage—from incarceration to the bonds of slavery. #BHM sent.pr/2UR4cDc
“Simply put, the state Sex Offender Registration Act has gone far beyond its purpose and now imposes burdens that are so punitive in their effect that they negate the State’s public safety justification.” - Michigan Atty Gen. Dana Nessel. sentencing.typepad.com/sentencing_law…
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Appellate Court Opinions for 02/08/2019 - eepurl.com/ggOCoT
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Today for #BlackHistoryMonth, we recognize Benjamin Hooks, TN's first African-American judge. While better known for his work with the @NAACP and @FCC, Judge Hooks had a distinguished legal career in Memphis before taking the bench. @uofmemphis #Tennessee
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Appellate Court Opinions for 02/07/2019 - eepurl.com/ggGU6P
App Ct reverses summary dismissal of pro se post-conviction petition and remands back to the trial ct because the petition stated a colorable claim. Shepherd v. State, No. M2018-00945, slip op. at 4 (Tenn. Crim. App. Feb. 6, 2019) Opinion: ow.ly/DrPX30nBNDm
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"I always feel like somebody's watching me" seattletimes.com/seattle-news/s…
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Appellate Court Opinions for 02/06/2019 - eepurl.com/ggxYeb
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Appellate Court Opinions for 02/05/2019 - eepurl.com/ggpNln
When deciding to call that witness, ask yourself: Does he or she spark joy within my case?
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The 15 Best Legal Podcasts for Lawyers to Listen to in 2019: ow.ly/7rwX30nzdME | @ObeliskSupport ft @LegalTalkNet
#JanYearInReview Trial ct rev'd b/c "record does not support . . . findings [regarding] . . . factors that formed the basis of [div denial]." State v. Hatfield, No. E2018-00041, slip op. at 7, 2019 WL 91542, at *4 (Tenn. Crim. App. Jan. 3, 2019) ow.ly/yISt30nz7tV
#PulpFiction "He . . . 'placed some frozen bologna sticks on her to try to keep her cool[,]' and 'shocked her with a taser in order to try to get her to respond.' State v. Babanzadeh, No. M2017-02235, slip op. at 3, 2019 WL 102108, at *2 (Tenn. Crim. App. Jan. 4, 2019)
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Report: Appeal about federal public document fees draws lots of support bit.ly/2DR6WLd #ncpol #pacer @nytimes
"She knew the victim was not going to live because her brains were no longer inside her head." State v. Satterfield, No. E2017-02207, slip op. at 12, 2019 WL 126997, at *7 (Tenn. Crim. App. Jan. 8, 2019) ow.ly/RhbR30nz738
App Ct reverses and gives diversion because the record does not support the trial court's findings ow.ly/gPYU30non5m
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