TN: Where BAC forensic testing budget depends on convictions, due process violated

A state fee for forensic testing of BAC in the TBI that depends on convictions is essentially a contingent fee for conviction. The TBI forensic team are not adjudicators in the TumeyWard due process analysis, but it is clear that contingent fee expert witnesses are barred in Tennessee. State v. Decosimo, 2018 Tenn. Crim. App. LEXIS 85 (Feb. 6, 2018).*

2255 petitioner doesn’t show that his lawyer was ineffective for not challenging the search because it would have failed. He raises knock-and-announce, but that would fail under Hudson, and he raises failure to present the warrant before the search which isn’t constitutionally required. Williams v. United States, 2018 U.S. Dist. LEXIS 18441 (D. S.C. Feb. 5, 2018).*

This entry was posted in Drug or alcohol testing, Knock and announce. Bookmark the permalink.

Comments are closed.