per the Knoxville News Sentinel: Ex-youth leader gets 20 years in sex case
per the Maryville-Alcoa Daily Times: Former church leader sentenced to 20 years for statutory rape of five girls
It's not surprising that the KNS had the more accurate headline. The only reporter at the Daily Times that has never mis-quoted me is John Brice, their former sports editor. The DT misquoted me in their story, and couldn't attribute a quote even when the lady got my name.
Getting my picture in these papers would have been good for business, but the focus was on my defendant. I tried to shield him from the photographers - my 6'5" frame towered over him & I was able to position myself between him and where they were sitting - but alas, I couldn't protect him the entire time. I guess that was fitting, given the circumstances under which we were in court.
Sunday, September 19, 2010
Wednesday, September 8, 2010
Going To Court - Part 2
What to Wear
When I go to court I am expected, and in some regards required, to wear a coat and tie. It is the time honored tradition of what I think is an honorable practice. Of course I at times get tired of suits being required for my daily occupation. But, I feel distinguished and professional when I get dressed in the mornings. I am in court almost every workday and the process of assembling my daily attire is routine.
Litigants/plaintiffs/defendants/etc, be they participants in a civil or criminal proceeding, are often confused and/or flat out wrong as to what they should wear when coming to court. Attire for your trip to court is in part dictated by the nature of the proceedings - but here are a couple of things to keep in mind:
1) Shorts are banned in many courtrooms, and they do not convey the level of respect you should enter a judge's courtroom with. Bottom-line: don't wear shorts
2) T-shirts are allowed in most courtrooms, but again, they are not ideal attire. I prefer clients to attend court at a minimum in business casual attire. Bottom-line: men should wear a shirt with some sort of collar - women a shirt/blouse with little to no cleavage showing
3) No holey jeans/pants; no cut-off shirts. If you needed scissors or years of wear to create your outfit you are inappropriately dressed
4) All clothing should visibly appear to be clean
5) Slogans, logos & artwork on clothing should be kept to a minimum and must not contain profanity or language that could be perceived by the most sensitive judge (or other court personnel) as offensive or disrespectful
This is not an all-inclusive list. When making choices about what to wear to court the ultimate guide should be your common sense. Poor clothing choices can have a significant impact on the first impressions made by judges, juries and witnesses involved in your case. If you find yourself going to court, the ultimate outcome of your case can have a lasting impact on the rest of your life. Attention to small details such as your clothing can be the first step in achieving a positive result.
If you need an attorney in East Tennessee, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
When I go to court I am expected, and in some regards required, to wear a coat and tie. It is the time honored tradition of what I think is an honorable practice. Of course I at times get tired of suits being required for my daily occupation. But, I feel distinguished and professional when I get dressed in the mornings. I am in court almost every workday and the process of assembling my daily attire is routine.
Litigants/plaintiffs/defendants/etc, be they participants in a civil or criminal proceeding, are often confused and/or flat out wrong as to what they should wear when coming to court. Attire for your trip to court is in part dictated by the nature of the proceedings - but here are a couple of things to keep in mind:
1) Shorts are banned in many courtrooms, and they do not convey the level of respect you should enter a judge's courtroom with. Bottom-line: don't wear shorts
2) T-shirts are allowed in most courtrooms, but again, they are not ideal attire. I prefer clients to attend court at a minimum in business casual attire. Bottom-line: men should wear a shirt with some sort of collar - women a shirt/blouse with little to no cleavage showing
3) No holey jeans/pants; no cut-off shirts. If you needed scissors or years of wear to create your outfit you are inappropriately dressed
4) All clothing should visibly appear to be clean
5) Slogans, logos & artwork on clothing should be kept to a minimum and must not contain profanity or language that could be perceived by the most sensitive judge (or other court personnel) as offensive or disrespectful
This is not an all-inclusive list. When making choices about what to wear to court the ultimate guide should be your common sense. Poor clothing choices can have a significant impact on the first impressions made by judges, juries and witnesses involved in your case. If you find yourself going to court, the ultimate outcome of your case can have a lasting impact on the rest of your life. Attention to small details such as your clothing can be the first step in achieving a positive result.
If you need an attorney in East Tennessee, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
Tuesday, August 24, 2010
Career Path
When I started law school I was very unsure as to the area(s) of law that I wanted to practice. But I always knew the kind of lawyer I wanted to be. From the time I put law school on the radar, I've wanted to be that small town lawyer that everybody trusted, everybody knew, and was universally liked - all the while having a reputation (based on actual experience) for knowing what I'm doing.
My first desires to be a lawyer came when I was a small child. My grandmother, Gerry Nichols, was the Circuit Court Clerk of Loudon County (TN). She brought me along for a jury trial involving two TVA workers and an aggravated assault. I was only around 6-8, but I remember many details from the trial. The two TVA workers had argued many times at work and things escalated on the commute home. They ended up pulling over onto the shoulder of the road, exiting their vehicles, and approaching one another. At some point one of the men shot the other in the foot. A verdict was rendered against the shooter/defendant - and the case turned (to me) on the way the lawyer was able to show that the only way the victim could have been shot was in retreat from the shooter. Which was in contrast to the defense position that he had been charging the defendant when he was shot.
The manner in which the prosecuting attorney was able to articulate a logic based case has stuck with me to this day. That's the way I try to practice.
The moral to this story is that I'm doing exactly what it is that I want to, professionally.
If you are in need of an attorney who will pursue your case in a practical, logical and determined manner, I invite you to give me a call @ 865.238.0665 or send an email to nick@nablacklaw.com.
My first desires to be a lawyer came when I was a small child. My grandmother, Gerry Nichols, was the Circuit Court Clerk of Loudon County (TN). She brought me along for a jury trial involving two TVA workers and an aggravated assault. I was only around 6-8, but I remember many details from the trial. The two TVA workers had argued many times at work and things escalated on the commute home. They ended up pulling over onto the shoulder of the road, exiting their vehicles, and approaching one another. At some point one of the men shot the other in the foot. A verdict was rendered against the shooter/defendant - and the case turned (to me) on the way the lawyer was able to show that the only way the victim could have been shot was in retreat from the shooter. Which was in contrast to the defense position that he had been charging the defendant when he was shot.
The manner in which the prosecuting attorney was able to articulate a logic based case has stuck with me to this day. That's the way I try to practice.
The moral to this story is that I'm doing exactly what it is that I want to, professionally.
If you are in need of an attorney who will pursue your case in a practical, logical and determined manner, I invite you to give me a call @ 865.238.0665 or send an email to nick@nablacklaw.com.
Tuesday, August 17, 2010
Knoxville News Sentinel - August 10, 2010
On August 10, 2010 the Knoxville News Sentinel ran a front page story by Robert Wilson, on my client Michael Salazar.
My involvement in the story was summed up at the end of a short paragraph:
While I may feel that the case is at this point a non-story - no news became front page news - I can appreciate the magnitude and interest generated from the age of the proceedings.
I am hopeful that the case will move forward in the near future.
You can find the article HERE
My involvement in the story was summed up at the end of a short paragraph:
Michael Salazar's court-appointed attorney, Nicholas Black, would not comment on the case
While I may feel that the case is at this point a non-story - no news became front page news - I can appreciate the magnitude and interest generated from the age of the proceedings.
I am hopeful that the case will move forward in the near future.
You can find the article HERE
Saturday, October 24, 2009
What is a Preliminary Hearing?
A Preliminary Hearing in Tennessee is a pre-trial judicial proceeding in General Sessions Court where a judge decides, from the evidence presented, whether it appears an offense has been committed and whether there is probable cause to believe the defendant committed the offense. The Preliminary Hearing is a second stage for determining probable cause, after an Initial Appearance before a Judicial Commissioner or Magistrate.
"[T]he purpose of the preliminary hearing is to determine whether there is evidence sufficient to justify the continued detention of the defendant and subjecting him to the expense, embarrassment, humiliation, and inconvenience of a trial." Waugh v. State, 564 S.W.2d 654, 659 (Tenn. 1978). If the judge determines probable cause does exist, the case will be bound over to the Grand Jury for further consideration.
Another function of a Preliminary Hearing that may not be readily apparent to a criminal defendant is that of pre-trial discovery. Much can be learned of the State's/Prosecutor's case from the information and evidence presented at a Preliminary Hearing.
Bottom line: A Preliminary Hearing is not a place where guilt or innocence is determined. The Preliminary Hearing is a stage between the initial appearance and Grand Jury that forces the State to meet a burden to continue a criminal prosecution. Furthermore, you have the right to a Preliminary Hearing in all felony cases in Tennessee; before you waive your right to a Preliminary Hearing consider that this proceeding is very valuable to a criminal defendant.
If you are facing criminal charges and need an attorney in East Tennessee to assist you, head over to my webpage @ www.nablacklaw.com, call my office @ 865.238.0665, or email me @ nick@nablacklaw.com.
My office is located in Maryville (Blount County), Tennessee and I would love to sit down and discuss your case.
"[T]he purpose of the preliminary hearing is to determine whether there is evidence sufficient to justify the continued detention of the defendant and subjecting him to the expense, embarrassment, humiliation, and inconvenience of a trial." Waugh v. State, 564 S.W.2d 654, 659 (Tenn. 1978). If the judge determines probable cause does exist, the case will be bound over to the Grand Jury for further consideration.
Another function of a Preliminary Hearing that may not be readily apparent to a criminal defendant is that of pre-trial discovery. Much can be learned of the State's/Prosecutor's case from the information and evidence presented at a Preliminary Hearing.
Bottom line: A Preliminary Hearing is not a place where guilt or innocence is determined. The Preliminary Hearing is a stage between the initial appearance and Grand Jury that forces the State to meet a burden to continue a criminal prosecution. Furthermore, you have the right to a Preliminary Hearing in all felony cases in Tennessee; before you waive your right to a Preliminary Hearing consider that this proceeding is very valuable to a criminal defendant.
If you are facing criminal charges and need an attorney in East Tennessee to assist you, head over to my webpage @ www.nablacklaw.com, call my office @ 865.238.0665, or email me @ nick@nablacklaw.com.
My office is located in Maryville (Blount County), Tennessee and I would love to sit down and discuss your case.
Tuesday, October 13, 2009
Social Networking and the Law
Facebook v. Orders of Protection
As social media sites creep further into our personal lives, issues relating to them have in turn begun to appear in the legal system. The Tennesseean recently published a story about a Hendersonville woman arrested for violating an Order of Protection for using the “Poke” option on Facebook to contact the protected party of an Order of Protection.
This form of contact seems innocent enough; no message is sent other than that the recipient has been “poked” by another user. But courts in Tennessee will mostly likely view such an action as the electronic equivalent to walking up to a protected party and reaching out to touch them physically.
Bottom Line : No matter how non-intrusive you may think contact through social networking sites may be, it is exactly the kind of third-party contact that Tennessee courts issue Orders of Protection to prevent.
If you need an attorney in East Tennessee to assist you in the defense or pursuit of an Order of Protection, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
As social media sites creep further into our personal lives, issues relating to them have in turn begun to appear in the legal system. The Tennesseean recently published a story about a Hendersonville woman arrested for violating an Order of Protection for using the “Poke” option on Facebook to contact the protected party of an Order of Protection.
This form of contact seems innocent enough; no message is sent other than that the recipient has been “poked” by another user. But courts in Tennessee will mostly likely view such an action as the electronic equivalent to walking up to a protected party and reaching out to touch them physically.
Bottom Line : No matter how non-intrusive you may think contact through social networking sites may be, it is exactly the kind of third-party contact that Tennessee courts issue Orders of Protection to prevent.
If you need an attorney in East Tennessee to assist you in the defense or pursuit of an Order of Protection, head over to my webpage @ www.nablacklaw.com. My office is located in Maryville (Blount County), Tennessee.
Saturday, October 10, 2009
Tennessee Orders of Protection
An Order of Protection is a court issued document whereby an individual (or an individual and certain minor children) are protected from someone who caused physical harm, threatened physical harm, or stalked the individual seeking protection.
Anyone can get an order of protection, but it is only available for you against a person:
1. To whom you are currently or formerly related by blood or marriage, or
2. With whom you have resided, or
3. With whom you have had an intimate sexual relationship, or
4. Whom you have dated, or
5. With whom you have a child, born or unborn, or
6. Who has stalked you, or
7. Who has sexually assaulted you.
An Order of Protection is a civil matter; unlike a criminal matter whereby the State will prosecute the defendant. However, the teeth behind Orders of Protection in Tennessee is the threat of jail as punishment for violating an Order of Protection. Violation of an Agreed Order can result in a 10 day jail sentence. Violation of a contested Order can result in as much as an 11 month, 29 day jail sentence.
A “No Contact” Order of Protection prevents the Respondent (the person against whom the Order is taken) from direct, indirect & third party contact. One local judge in Blount County will admonish Respondents from calling, texting, emailing, or even sending smoke signals. With a “No Contact” Order, the Respondent cannot communicate in-person (or via the in-direct methods just mentioned), nor can he or she direct another (3rd party) person to do so. In-direct contact is punished the same as direct contact.
A “Social Contact” Order of Protection allows for contact between the parties; but still prohibits violence, or threats of violence. These are most common when one parent wants protection from violence & threats, but still wants to be free to facilitate child visitation.
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