News
New Tennessee Criminal Laws 2023
The Tennessee State Legislature has wrapped up its 2022-2023 session. As expected, several new criminal laws are now in effect or will soon be in effect. This article will summarize some of these...
2023 Tennessee Driving Under the Influence (DUI) Update
2023 Tennessee Driving Under the Influence (DUI) Update Tennessee driving under the influence (“DUI”) laws are likely to change again this summer, with several bills pending passage in the state...
Tennessee Juvenile Law Update
Tennessee Juvenile Law Update: Efforts to Treat More Juveniles Charged with Crimes as Adults A bill is working its way through the Tennessee General Assembly that would change the way the State of...
The Tennessee Abortion Law Update: What You Need to Know Now
Since the drafting of our last Tennessee abortion law update, efforts to modify one of the strictest abortion bans in the nation have failed or stalled. House Bill 1440, which made exceptions for...
Unraveling the Latest Developments in Federal Wire Fraud Law
Federal wire fraud, under 18 U.S.C. § 1343, is an allegation that fraud has been committed by using some kind of electronic communication. This type of electronic communication is construed broadly...
Tennessee Abortion Ban Update
Tennessee’s ban on abortion took effect August 25, 2022, two months after the Supreme Court’s landmark Dobbs v. Jackson Women’s Health Organization overturned federal protection for abortion. As of...
Breaking Down the Latest Federal Criminal Defense Developments
CARES Act Fraud Investigation & Prosecution The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) is a federal law that was passed by Congress in the spring of 2020 in response to...
Tennessee Criminal Defense – Driving Under the Influence (DUI)
This article provides an update regarding driving under the influence (DUI) offenses in the State of Tennessee. As discussed below, there is a recent increase in DUI arrests in the state and several...
What should I do if I was arrested at Riverbend Festival?
Riverbend Festival is finally back this year after being delayed from COVID-19 for the past two years. Riverbend started back in 1982 and will be celebrating 39 years this June. Starting Friday,...
Tennessee alcohol-related laws to be mindful of this summer
School’s out and summer has officially arrived! Whether your summer break includes a staycation, or a destination to the beach, it’s important to be mindful of alcohol-related laws. Such charges can...
“No Refusal” law enforcement in effect on Hamilton County Roads
To combat drunk driving and the increased use of painkillers and other drugs while driving over the New Year's Day holiday, the Tennessee Highway Patrol and local law enforcement will be stepping up...
Fair Sentencing Act Leads To Confusion In The Sixth Circuit
The Sixth Circuit recently issued yet another opinion regarding the impact of the Fair Sentencing Act. This latest case,U.S. v. Bell, involved a guilty plea by Gregory Bell to crack cocaine and gun...
Parents Responsible for Underage Drinking
With New Year's Eve upon us and a plethora of parties soon to begin, a reminder to parents that they are liable in Tennessee for underage drinking--drinking by their children and underage guests...
When is a lie a federal crime?
Earlier this year the Supreme Court decided US v. Alvarez, a case that tests the limits upon which a community must accept contemptible conduct--in this case speech--from locally elected officials....
Criminal Contempt Not Actually A Crime According To Tennessee
Criminal Contempt in Tennessee The Tennessee Supreme Court decided in the Tracy Rose Baker v. Tennessee case, that criminal contempt does not equal a criminal conviction under Tennessee’s laws and,...
New laws take effect 2015
By LUCAS L. JOHNSON II, Associated Press Tennessee is now one of more than 20 states and the District of Columbia that have passed laws adding insulin to medications that school staff may volunteer...
Sixth Circuit Rules Against “Dirtiest Hotel in America”
In an incident that puts the notion that all publicity is good publicity to the test, a hotel in Pigeon Forge recently lost an appeal before the Sixth Circuit--Grand Resort v. TripAdvisor--regarding...
Nominating Commission selects three candidates for Court
Signed Affidavit is Close Enough for Will to be Valid
In Re Estate of Thomas Chastain The TN Court of Appeals reversed Chancellor Jerri S. Bryant, Polk County, and found that a will was validly executed. At issue was whether a document was a will at...
15 Year Sentence for Chattanooga Man for Shot Gun Shells Upheld
Edward Young received a mandatory 15-year prison sentence for the crime of possessing seven shotgun shells belonging to his widowed neighbor. At sentencing he was confronted with the harshness of...
Magistrate judge disqualified for participating in plea
In United States v. Davila, the defendant pled guilty to conspiracy to defraud the United States by obtaining false tax refunds. Prior to his plea, the defendant requested that the magistrate judge...
Eleventh Circuit value of interstate transport forged securities
In United States v. James Brown, the defendant was convicted of mail fraud and transporting forged securities in violation of 18 U.S.C. § 2314, which makes it illegal to knowingly transport in...
BAC
TN Judicial Ethics Committee Issues Advisory to Judges on Social Media
The Tennessee Judicial Ethics Committee recently released an advisory opinion regarding judges and proper social media etiquette, something that legal experts have seen land judges across the...
Court of Criminal Appeals Opinions
In State v. Pye, Judge Kelly Thomas disagrees "with the majority’s conclusion that trial counsel’s actions regarding the Petitioner’s acceptance of the plea agreement did not amount to ineffective...
Janie Varnell wins DUI motion to suppress
Click Attorney Janie Varnell wins Motion to Suppress in DUI case to read the opinion by Judge Tom Greenholtz.
New Bill Passed | Davis & Hoss, PC
Tennessee law requires government to inform citizens about getting public records Richard Briggs Photo by Associated Press /Times Free Press. NASHVILLE, Tenn. (AP) — The state Legislature has passed...
Public Reprimand of Judge Zachary
The Honorable Ronnie Zachary Public Reprimand The complaint alleges an act or acts by you that violated the Code of Judicial Conduct, in that the complaint asserts that you had imposed a punishment...
Nominating Commission Selects 3 Candidates for 6th District Circuit Court
Nominating Commission Selects 3 Candidates for 6th District Circuit Court. The Judicial Nominating Commission met in Knoxville today to review the eight applicants for the Third Circuit Court...
CCA affirms theft convictions and no violation of interstate
A Monroe County jury convicted the Defendant, Todd Joseph Sweet, of theft greater than $10,000, and the trial court sentenced him to six years in the Tennessee Department of Correction, to be served...
TN Supreme Court Affirms Attempted Murder Conviction
The Tennessee Supreme Court released an opinion, Tennessee v. Kevin Anthony Dickson, earlier this week that affirmed the attempted murder conviction for one East Tennessean, Kevin Anthony Dickson....
Janie Varnell featured in the Herald.
Davis & Hoss attorney Janie Varnell featured in the Herald.
U.S. Supreme Court to consider “late” actual innocence proof
An issue before the U.S. Supreme Court involves the late appearance of evidence that may demonstrate a criminal defendant’s innocence. Though many people assume that if evidence were to arise...
6th Circuit Maximum Sentence for Man who Threatened Judge
UNITED STATES v. HERBERT WILFRED NIXON The 6th U.S. Circuit Court of Appeals recently decided to uphold the five-year sentence of a man who sent threatening letters to a federal judge in Nashville -...
Law Enforcement Agencies Push Cell Phone Providers to Store Text Messages
The major cell phone providers, including AT&T, Verizon and Sprint, may be required to keep information about their customers’ text messages for at least two years according to a proposal that...
Sixth Circuit Tackles Another Crack Cocaine Case
U.S. v. Hughes In another confusing and unfortunate case involving the Fair Sentencing Act, the Sixth Circuit recently ruled against a man who had been convicted of possession with intent to...
Antitrust law
Antitrust law These are the laws designed to protect trade and commerce. The protection is aimed at monopolies, price discrimination, and price-fixing. The Antitrust Division of the Justice...
Petraeus Affair Raises Concerns About E-mail Privacy
With all the coverage surrounding the recent fiasco involving General Petraeus, the extent of people’s personal electronic security has been given increased attention. After all, if the CIA Director...
Maker’s Mark’s Trademark Case After Oral Aruments
With the New Year festivities to begin tomorrow night, a liquor trade mark case caught my attention. The Sixth Circuit Court of Appeals recently heard oral arguments involving Marker’s Mark and...
Supreme Court Agrees To Hear Anonymous Tip Case
The U.S. Supreme Court decided to hear a criminal case out of California so it can decide whether police are allowed to stop cars based solely on an anonymous tip. The Supreme Court agreed to hear...
Davis & Hoss finds new home in historic Fort Wood neighborhood
Editorial Front Page - Friday, November 14, 2014 Davis & Hoss finds new home in historic Fort Wood neighborhood By David Laprad The law firm of Davis & Hoss has moved into this stately Fort...
TN Supreme Court Examines the Constitutionality
Leonard Edward Smith v. State of Tennessee The TN Supreme Court recently decided the case of Leonard Smith, convicted murderer on death row. The long case with a complicated procedural history began...
Post Conviction denied in Juvenile life without parole murder conviction
Daniel Decker, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief. Decker was convicted by a jury of one count of first-degree premeditated murder and is...
Marsha Brantley Disappearance Case Dismissed, 48 Hours Airs
The disappearance of Marsha Brantley of Cleveland, Tennessee raised suspicions, but there was never any evidence she was a victim of foul play. Her husband, Donnie, was charged twice in the last 8...
American Board of Criminal Lawyers Grants Lee Davis Fellowship
Supreme Court Annual Report
Justice Roberts' 2013 annual report on the Supreme Court. Here is a link to the Report.
Supreme Court To Hear Tennessee Case Regarding Gun Ban For Domestic Abusers
U.S. v. Castleman The U.S. Supreme Court agreed to hear a Tennessee case about whether one man's conviction for domestic assault is sufficient to justify him being unable to own a gun. The case,...
Supreme Court Tackles Two Drug Cases
Last week, the Supreme Court heard two important criminal law cases involving drugs, both of which fit with a larger theme of clarifying what prosecutors must prove before they can successfully...
Supreme Court To Hear Death Row Appeal Concerning IQ Test
The Supreme Court announced that it would hear an appeal from a death row inmate in Florida who was ruled mentally disabled in 1992 but later found to be competent after receiving the minimum score...
Sixth Circuit Grants Writ Of Habeas Corpus In Tennessee Murder Case
A recent Sixth Circuit opinion concerned a Tennessee man, Ronald Michael Cauthern v. Roland Colson, who was convicted of murder and rape and sentenced to death for his crimes. Cauthern sought a writ...
Obiter Dictum
Obiter dictum is something that is said in passing. It is an observation or opinion of the court but one not necessary to the decision at hand. It is sometimes a persuasive point but not relevant to...
What is Burden of Proof in a Criminal Case?
In a criminal case, the prosecution will need to prove or disprove a disputed fact. This duty is termed the burden of proof. Generally, the prosecution will be proving that the defendant is guilty...
GPS Tracking Case May Lead To Changes Amongst The Circuits
An important decision was recently handed down by the Third Circuit Court of Appeals concerning law enforcement's ability to track suspects through GPS. Previously, appeals courts have allowed this...
Larry Sneed, Former Red Bank Chief Of Police, Wins Right To Jury Trial From Tennessee Supreme Court
Tuesday, December 02, 2014 Larry Sneed, former Red Bank chief of police, represented by Lee Davis and Jonathan Guthrie, won a right to a jury trial today from the Tennessee Supreme Court. In a case...
Twanna Blair’s attorney in 1999 Valentine’s Day triple slaying
Twanna Blair, right, talks to her attorney, Lee Davis, in this photo from her 2009 trial in Bradley County. Photo by Angela Lewis Foster /Chattanooga Times Free Press. The three victims were bound...
Supreme Court Clarifies Standard for Review of Judicial Diversion
The Tennessee Supreme Court in a unanimous opinion clarified the standard of appellate review for a trial court's decision regarding judicial diversion, the Administrative Office of the Court...
Supreme Court Ruling Negatively Impacts Immigrants With Expunged Criminal Records
If you get a crime wiped off of your record through an expungement, you're safe from that crime being used against you in the future, right? Unfortunately, this might not be the case if you are an...
CCA affirms dismissal of all charges against Davis & Hoss client
The Tennessee Court of Criminal Appeals today issued a decision validating our trial victory on behalf of Twanna Blair. "Our client is innocent of anything to do with the tragic Valentines Day...
Mug Shot Websites Receive Scrutiny From Lawmakers
The New York Times discussed the case of a college senior from Texas, Maxwell Birnbaum, who was arrested for possession of ecstasy during his freshman year while on a road trip with college buddies....
Sixth Circuit Reverses Lower Court In First-Degree Murder Case
Jasubhai K Desai v. Raymond Booker This case begins with a doctor, Jasubhai Desai, and a nurse, Anna Marie Turetzky, agreeing to open a medical clinic together back in the 1970s. Their business did...
TENNESSEE DUI: OFFENSES AND PENALTIES
The lawyers at Davis & Hoss follow changes to DUI laws in Tennessee. Below is the current status of the law. DUI Offenses and Penalties: First TIME DUI OFFENDER – (.08% BAC) [T.C.A. § 55-10-401]...
Tennessee Highway Patrol Takes “No-Refusal” Approach To DUIs
In a curious development over the recent Labor Day weekend, Tennessee Highway Patrol officers working in 10 counties implemented a new procedure meant to keep drunk drivers off the roads. The new...
Money Laundering
Money laundering is a serious offense that carries significant penalties including expensive fines and imprisonment of up to 20 years. Money laundering is considered a white collar crime prosecuted on the federal level.
Civil Cases
Civil Cases in Tennessee Chattanooga Civil Attorney Has Extensive Experience We have a broad range of experience representing clients at the civil level, with a long case history including numerous...
Fact Check: Criminal Defense Resources
Listed below are Federal, Georgia and Tennessee legal links. Each link provides up to date information regarding their respective federal and state legal systems. Federal Court & Federal Legal...
Know your ABC’s – Tennessee Misdemeanor Classes
Though termed “misdemeanor”, misdemeanor charges are serious offenses. Misdemeanors can range from speeding to drug possession and domestic assault. Tennessee Class A misdemeanors carry up to 11...
Tennessee governor signs chancery court shake-up into law; opponents question its constitutionality.
"Davis told the Times Free Press that while he thinks House Bill 1130/Senate Bill 843 is both "unworkable" and "irresponsible," he sees a "real problem" in provisions regarding likely challenges to...
Tennessee governor signs chancery court shake-up into law; opponents question its constitutionality.
"Davis told the Times Free Press that while he thinks House Bill 1130/Senate Bill 843 is both "unworkable" and "irresponsible," he sees a "real problem" in provisions regarding likely challenges to...
Sex Offender Registry
Tennessee Sex Offender Registry Sex Offender Laws in Tennessee Within the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.”, the Tennessee...
Nolle prosequi
Nolle Prosequi or nolle pros. as it is typically said is notice that a prosecution is abandoned. This is accomplished by an announcement from the prosecutor that the state no longer intends to move forward.
Open Container Law in Tennessee
Open Container Law in Tennessee The law surrounding drinking alcohol in public is often misunderstood which was highlighted by a recent case of mine: Attorney Jay Perry. An officer sought to...
Underage DUI
Underage DUI in Tennessee Team Up with a Chattanooga DUI Lawyer Tennessee has a drinking age of 21 years old and the consumption of alcohol by anyone under the drinking age is illegal. There are...
First DUI
Felony DUI
Tennessee Felony DUI Need a lawyer for a DUI case in Chattanooga?DUI offenses are generally charged as misdemeanor offenses in Tennessee. There are several cases; however, where the charges can be...
DUI Penalties
DUI Penalties in Tennessee Let Our Chattanooga DUI Lawyer Defend You DUI offenses are not taken lightly in the state of Tennessee. Facing these types of charges puts you at risk of serious and...
Field Sobriety Tests
Field Sobriety Tests Can they be challenged? If you were recently arrested for DUI, you were likely asked to perform a series of roadside tests called Standardized Field Sobriety Tests (SFSTs). If...
Challenging DUI Evidence
Challenging DUI Evidence Using DUI Defenses that Work People often feel that once they have been arrested for DUI that their case is hopeless and there is nothing they can do but accept their...
Vehicular Homicide
Chattanooga Vehicular Homicide Attorney Over 35 Years of Experience You Can Count On We all make mistakes in life, and unfortunately when drunk driving leads to the death of another human being, the...
DUI with Injury
Are you being accused of causing serious bodily injury to another person as a result of drunk or drugged driving?
Lying to Probation Officer is a Federal Crime
Everyone knows that a person has the right to remain silent when faced with questioning by police and most people understand that you have the right to have an attorney present during questioning....
All Charges Against Tawana Blair In 1999 Cleveland Triple Murder
A special judge has dismissed all charges against Tawana "Tart" Blair in the 1999 triple murder in Cleveland, Tn. Judge Jon Kerry Blackwood, in a 13-page ruling, noted that a jury in 2009 had...
Personal Injury Claims
You may have a personal injury case if another’s negligence or intentional misconduct caused you bodily injury or emotional distress.
Robbery
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Child Pornography
Child Pornography Lawyer in Chattanooga, TN Serious Defense for Charges of Federal Criminal Activity Child pornography is a sex crime that is considered a federal offense, meaning the accused...
White Lightning-Synthetic Forms Of Cocaine And LSD
Attorney General Opinion on Synthetic Cocaine and LSD. The TN Attorney General was asked whether Tennessee Law prohibits the production, manufacture, distribution, or possession of synthetic forms...
Conspiracy
Chattanooga Conspiracy Lawyer Serving Tennessee Residents with More Than 35 Years of Experience Are you facing charges of conspiracy in connection with a white collar crime? Conspiracy is typically...
Domestic Violence
Domestic Violence Defense Attorney Learn Your Rights & Legal Options Most people are unaware that the Chattanooga Police Department and the Hamilton County Sheriff's Office have policies in...
Murder or Homicide
Murder or Homicide Investigations in Chattanooga, TN Tennessee Criminal Defense Lawyer Criminal homicide is the unlawful killing of another person. In Tennessee, there are several different...
Identity Theft
In the state of Tennessee, the charge of identity theft will require an aggressive legal representative to provide strong defense for the individual who is charged.
Felonies
In Tennessee, if you received a sentence of 11 months, 29 days, you have received a misdemeanor sentence. Anything more than this is a felony and is typically phrased as a sentence in a number of years.
Sex Offenses
At Davis & Hoss, PC, many of our recent cases have included probation for a charge of sexual exploitation in criminal court.
Motor Vehicle Crimes
Motor Vehicle Crimes in Chattanooga Criminal Defense Firm Serving Southeast Tennessee For more than 35 years Whether you are 16 years old, drive a commercial 18-wheeler, or were simply driving way...
Probation Violations
Probation Violations in Tennessee Chattanooga Probation Attorney Probation violations can be quite serious. Whether you have been accused of committing a new criminal offense, failing a drug test,...
Misdemeanor
Misdemeanor Charges in Tennessee Aggressive Legal Representation in Chattanooga, TN In Tennessee, there are three classes of misdemeanors: Class A, Class B, and Class C. With any misdemeanor, you...
Expungement
Chattanooga Expungement Attorney State Expungement Laws in Tennessee Most people do not understand the basic concept behind the expungement allowance in Tennessee criminal law. If you have been...
Warrants
In the state of Tennessee, an arrest warrant is simply a document signed by a judge or court clerk that allows an official to detain the subject of the warrant.
Healthcare Fraud
In order to receive government funding, healthcare providers must file claims that document payment information and then submit records to support these claims.
College Investigations
College Investigations Chattanooga Criminal Defense Attorney Representing Young Clients Are you or your student facing an investigation from a college? The most important thing you can do is hire...
Juvenile Proceedings
Juvenile Proceedings in Chattanooga, Tennessee Strong Representation from the Defense Attorneys at Davis & Hoss, PC In Tennessee, juveniles are not convicted like adults, but rather face...
DUI
Driving Under the Influence in Tennessee DUI Lawyer in Chattanooga, TN with 35 Years of Experience Conviction of driving under the influence of alcohol (DUI) in the state of Tennessee is not...
Bank Robbery
The crime of bank robbery is a federal offense found under 18 U.S.C. § 2113(a). Bank robbery does not include white collar crimes, such as fraud.
Initial Appearance & Detention Hearings
Initial Appearance & Detention Hearings Criminal Defense Lawyer in Chattanooga, TN One of the first steps in a federal criminal court case is attending your initial appearance and detention...
Guns And Weapon Crimes
Within the last decade, the United States government has spent hundreds of millions of dollars in prosecuting various forms of gun crimes. If you have been accused of a federal gun crime, contact our office today for a consultation.We are prepared to stand in your defense and to fight for your rights in federal court. Gun crimes charged at the federal level include, but are not limited to:
Sentencing Hearing
When it comes to a federal criminal case, the sentencing hearing is where the rubber meets the road. Hopefully, you will not need a sentencing hearing at all. With the help of a competent Chattanooga criminal defense lawyer, your case may be dismissed or you will be acquitted.
Immigration Crimes
Immigration cases are serious because a conviction could result in a damaging change to a defendant’s residency status. On March 31, 2010, the United States Supreme Court held in Padilla v. Kentucky, 130 S.Ct. 1473 (2010),
Sex Crimes
Chattanooga Sex Crime Attorneys Which sex offenses can be prosecuted in federal court? There are variety of different sexual offenses that can be charged in federal court. Recently, a number of...
Appeals
Attorneys Lee Davis and Bryan Hoss have extensive experience appearing before the Sixth Circuit Court of Appeals in Cincinnati, Ohio on behalf of our criminal defense clients for a wide variety of charges
Civil Cases
Chattanooga Tennessee Civil Lawyer Chattanooga Defense Attorney with 35 Years of Experience Most of the cases that take place in federal courts are not criminal cases but civil cases - although...
Homicide
Tennessee Homicide Defense Attorney Chattanooga Criminal Defense Lawyer Has Decades of Experience Most murder cases are tried in state court but some can be prosecuted in federal court. For example,...
National Park Crimes
Tennessee is home to several beautiful national parks, including the Big South Fork National River and Recreation Area, Cades Cove, Appalachian National Scenic Trail, and Cherokee National Forest.
Theft Crimes
Chattanooga Theft Crime Attorney Federal Criminal Defense for more than 35 years While most theft crimes are dealt with in state courts, there are a few that are dealt with on the federal level....
Drug Crimes
Chattanooga Drug Crime Lawyer Federal Drug Charges and Penalties § 841 Drug charges are some of the most serious charges faced in federal court. With time as a critical factor, it is vital that you...
White Collar Crimes
White collar crimes involve federal financial investigations, including financial transactions, wire or mail transactions, and banking activities.