Posted on 12/26/2016 8:18:57 AM PST by Altura Ct.
The case of the ringleader in one of Knoxville's most heinous crimes is once again crafting law for the entire state.
The Tennessee Supreme Court this week upheld both the convictions and death sentence received by Lemarcus Davidson in the January 2007 torture slayings of Channon Christian, 21, and Christopher Newsom, 23, a couple who were preparing for a date when they were carjacked, kidnapped, raped, beaten and slain in horrific fashion by strangers.
But in so doing, the high court is for the first time creating within Tennessee law what is known in the federal system as a good-faith exception. It is essentially a break for cops who foul up something that renders part of their work unconstitutional and thus inadmissible in court. Tennessee has never allowed such an exception, though recently the same Supreme Court panel created a limited one in DUI cases involving drawing blood without a warrant.
The ruling in Davidson's case, which was drafted by Justice Sharon Lee, adopts a much broader good-faith exception that mirrors the federal one. Under that exception, if a cop believes he or she has a valid search warrant in hand and engaged in no trickery or deceit to get it, prosecutors can still use the evidence obtained as a result even if a court later rules the search warrant was flawed.
There is no doubt the search warrant that led to the discovery of Christian's body stuffed inside a trash can inside Davidson's Chipman Street house was bad. Knoxville Police Department Investigator Todd Childress, then a new officer in the major crimes squad, accidentally cut off his signature when faxing the search warrant affidavit to Knox County General Sessions Court Judge Tony Stansberry for approval. Stansberry didn't notice the missing signature and signed it.
(Excerpt) Read more at knoxnews.com ...
It’s a good thing it was upheld. This case is still talked about here. If he had been released, or his sentenced reduced because of a technicality. he wouldn’t have lasted two days on the streets before some good old Southern justice was administered.
Horrible, gut wrenching, satanic, sadistic crime.
“If he had been released, or his sentenced reduced because of a technicality. he wouldnt have lasted two days on the streets before some good old Southern justice was administered.”
Yes, a shame now he will live on death row for the next thirty years waiting until the endless appeals are exhausted, getting “three hots and a cot” at taxpayer expense. Ought to just shoot the bastards and be done with them.
Hate crime the left doesn’t care about.
Investigation Discovery did an episode on it (Sins and Secrets)
Agree 100%.
CBS made a Made-for-TV movie about Wayne Williams, the Atlanta Child murderer in which the script left an open end to throw doubt on Williams’ conviction.
yeah, right....
Seriously? A valid search warrant that had the signature cut off during faxing could have resulted in this monster being let out?
Thank God this didn’t happen.
“in which the script left an open end to throw doubt on Williams conviction.”
I watched a Dateline show about a woman who was murdered while her husband was home. The man was arrested and tried, and Dateline made it seem like he was wrongly convicted and truly innocent (the wife’s family supported the husband, etc.).
Afterward, I did a search and found out there was PLENTY of evidence that the husband did it.
These crime shows have an agenda.
Unfortunately, the 8th Amendment in our Constitution guarantees the right to not be punished cruelly.
up to and including their actions are fair game
THANK YOU LORD! I’ve been wondering what happened in this case. Last I heard he got a new trial. I hope those other savages NEVER get out of jail and if they do.....well I ain’t saying what I hope happens to them but I think everyone gets what I’m “not” saying. I think about this often, the brutality on those 2 kids and how the parents will never be able to forget it......I know I won’t. I tell my grandkids to be very aware of their surroundings at all times just because of this one case. Those kids never thought they’d meet up with those savages from hell. I hope they all die slow, painful deaths along with those lawyers who tried to put the blame on Channon and Chris saying they were there to buy drugs. I’ll never forget the look on Channons father during that brutal defense phase. He’s said he has a hate that’s not normal......I’m right there with him. God bless those families and I hope they live to see that demon die!!!
I am so with you on that. I’d love to see it.
“There is no doubt the search warrant that led to the discovery of Christian’s body stuffed inside a trash can inside Davidson’s Chipman Street house was bad. Knoxville Police Department Investigator Todd Childress, then a new officer in the major crimes squad, accidentally cut off his signature when faxing the search warrant affidavit to Knox County General Sessions Court Judge Tony Stansberry for approval. Stansberry didn’t notice the missing signature and signed it.”
I guess lawyers can play any games with reality they’d like, but I reject the claim that this search warrant was “bad” at all. A base document signed by Childress existed then and now. The judge signed it believing that Childess had signed and faxed it himself — and he had. The two documents together provide a complete package, and the time/date stamps on the fax prove it was not an after the fact concoction. Anyone who would seek to get a monster this evil off on a technicality this thin deserves a fate worse than words can describe.
“Hes said he has a hate thats not normal......Im right there with him.”
The only difference between a whore and a lawyer is the lawyer doesn’t have to take his clothes off to screw you.
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