Q: Does defendant qualify for immunity under TN 63-1-156?
Defendant found by police, legally parked and unconscious. Administered naltrexone and taken to UT where he submitted to lab tests. Has been sitting in jail for months with dui in Knoxville and vop in Murfreesboro. Wishes to file habeas under TN 63-1-156. First offense.
A: That medical care defense to a charge might work, and is definitely something that should be used at a Preliminary Hearing. If no Hearing was held and only Bound Over, then he missed his opportunity to raise the Defense. But it can be used again after Indictment, but possibly only at Trial. Habeas Corpus might get it going, but I doubt it will be a successful Constitutional challenge. Hire a competent attorney immediately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
