Saturday, February 6, 2010

Recurring Theme

I just picked up another criminal case that presents the issue of whether it is permissible under the Tennessee constitution for the police to send a wired informant into a home and then use the recorded conversation as evidence. People who follow my blog will recall that the same issue was presented in the Morrow murder solicitation case.

In the Morrow case, the issue was not resolved since the DA made us an offer that we couldn't refuse (she spent 15 days in county jail, served on weekends). At the sentencing hearing, he admitted that the motion might have some merit.

Now, in a sale of schedule II case out of east Tennessee, the same issue is presented. Perhaps this time we will get a ruling.


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