January 11, 2012 by Zale.

Our Founding Fathers were criminals.  At least that’s the way the British Government saw them.  That’s why we have certain Cardinal Rules in the world of Criminal Law.

Should criminal defendants get off due to “technicalities”?  Well, it depends.  If by “technicality” you mean The Constitution and the Bill of Rights, I think we would all agree that those still need to be followed, as well as the case law based on them.

Recently, the US Supreme Court said just that.  The DA’s did not give the defense everything they were supposed to, so the conviction was overturned.  If the DA, who already has all the resources of the state and often federal government, has to hide evidence to win, there’s significant issues with the case.

Every free American should fear “law enforcement” that believes its “above the law”.  Our Founding Fathers knew that fear all too well.

Posted in Constitutional Law, Criminal Law | No Comments »

January 11, 2012 by Zale.

A teacher at a private Christian school was fired.  She sued.  The school and church that were involved defended the matter with the assertion that she was, in fact a “minister”.  The church and school won on 1st Amendment grounds.

The court stated:
“Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.”

It’s good to see that the Constitution and the Bill of Rights are still followed by the Supreme Court.

Posted in Freedom of Religion, Constitutional Law, Freedom of Speech | No Comments »

December 1, 2011 by Zale.

Why oh why have guns been depicted as evil?  Guns don’t kill people, people do.  Anyway, I love guns.  All of them.  Unfortunately, I can’t afford all of them.

I love being able to carry one too, although, I don’t believe in carrying it any other way than concealed.  So, no one knows I’m carrying it, or them, as the case may be.  If you agree with me that you love guns and live in Tennessee, then at some point, you are going to want to review the Tennessee Gun Laws.  Hence, I thought I would make it easier for you, by putting it up on this blog.

If you find yourself, your Second Amendment right and/or your carry permit in jeopardy, maybe you ought to consider talking to a Tennessee attorney who carries as well.  Happy shooting!

Posted in Gun Law, Criminal Law | No Comments »

August 24, 2011 by Zale.

Watching the commercials, you would think that its easier to get along with an insurance company than your favorite pet.  Occasionally folks have good experiences dealing with insurance companies.  However, its often quite the opposite.

One of the biggest hassles folks typically have with insurers is dealing with automobile property damage.  The company pays for one item and then denies another, even though the two items are practically side by side.  They  spend hours trying to save on parts, or haggling over them, when it actually takes more payroll dollars to do that, than expense dollars to pay for the item.  It’s just crazy.

As an adjuster, and now as an attorney, I have seen instance after instance where, folks who did not, at first, seek legal counsel for their injuries, later sought it due to the way the property damage was handled.  That makes no business sense, but that’s the culture of the modern insurance company.

It seems to me that a better marketing strategy would be having folks not hate your company after the process is done.  Unfortunately, that’s simply not the way they do business these days.

Posted in Injury Law, Insurance Practices, Insurance Law, Business Law | No Comments »

February 9, 2011 by Zale.

An insurance policy is a written contract.  Some states loosely consider the wording of the policy.  Other states look at the wording strictly and hold both the parties to the letter of policy.

Tennessee is pretty strict on the enforcement of the words in the contract or policy.  Here’s a recent Tennessee case where the wording was strictly enforced with regard to Uninsured Motorist coverage.  The Plaintiff, who was merely a guest passenger, was completely out of luck.  So, when in doubt, look at the policy wording, even if it seems confusing.  The bottom line is, when in doubt call an attorney.

Posted in Injury Law, Insurance Practices, Insurance Law | No Comments »

January 16, 2011 by Zale.

So Callie and I are a part of a “church plant”.  I have looked into doing this in the past, but this is the first time for it to actually come about.

The church is located on the north side of Nashville in Goodlettsville Tennessee.  The web site is www.run2refuge.com.  The services are 5pm on Saturday, yes Saturday nights.

The goal of what we are trying to do is reach a group that other churches aren’t reaching.  We are trying to reach those that are either completely unchurched and those that are burned/disoriented/sick of traditional “churchianity” but still find themselves reaching out to God.

You can also check us out on facebook.

Posted in Freedom of Religion, Constitutional Law, Freedom of Speech, Right To Life | No Comments »

December 29, 2010 by Zale.

I deal a lot with parents who get themselves in trouble with the Department of Children’s Services.  While I do not represent DCS, I often represent either one of the parents or the child(ren).

Once custody of a child vests with someone else, the parent(s) must show that there is a “material change in circumstances” to get the child back.  That is not the parent going “Look, I”ve kicked the habit.  Now give ‘em back!”  This is what a lot of these parents (and some attorneys) think it is.

A “material change” in circumstance has to do with a change relating to the person(s) the child is actually placed with.  So mom being off Crack isn’t enough for mom to get the kids back.  Something actually has to happen in regards to where the child has been previously placed by the court.

Here’s a recent Tennessee Court of Appeals case that discusses the topic of “material change” in detail.

Posted in Juvenile, Child Advocacy | No Comments »

October 31, 2010 by Zale.

I have a client getting baptized today.  He is a court appointed client and is not in a position to pay me a dime for his representation, I’m ok with that.  He’s an alcoholic and has been staying sober.  He’s struggled with the law, but has been doing ok with that as well.

What truly blesses me is that he knows that I’m a follower of Christ and would want to even know that he is getting baptized.   But most importantly, that he would make this public acknowledgment that Jesus is who He said He was and that my client wants to walk in that truth.

Awesome!  Glad Jesus will be arguing his case at Judgment, the same as He will mine.

Posted in Freedom of Religion | 1 Comment »

May 2, 2010 by Zale.

In both criminal court and juvenile court, I have to deal with people’s charges or allegations related to sexual misconduct.  The government criminalizes it and even sets up registries for those guilty of certain crimes.  Sometimes this changes the offenders behavior, but does it really get to the root of the problem?  No, only God can deal with that.

If you struggle with pornography, addiction or other sex oriented problems, one resource that might help you is XXXCHURCH.  If you thought your church was “on the edge”, I doubt its as far out on the edge as XXXCHURCH.  Their mission is to bring the trappings of pornography and sexual sin out into the open so God can deal with it.

If you are struggling with sexual issues, whether these issues are hidden or out in the open, check out XXXCHURCH.  I recommend you do it before you have to talk to an attorney because your sexual issue has gotten you into court.  A life on the Sex Offender Registry isn’t what I would wish on anyone.

Posted in Juvenile, Criminal Law | No Comments »

April 23, 2010 by Zale.

Absolutely!  Check out the ADF’s statement regarding the it.  This Freedom From Religion agenda is just ridiculous.  Filing suit because you may see someone pray or see a cross is just crazy.  Everyone’s freedom is under attack from this agenda that even has “Freedom” in its name.

Posted in Freedom of Religion, Constitutional Law, Freedom of Speech | No Comments »