Police Chief Faces August Trial

I'm really surprised that no one has an opinion on this.

Criminal charges require specificity. The defendant has to know what he's being charged with.

There are five different sections of the DUI code to charge violators under. Also, the code that allows officers to arrest a DUI violator at the scene of an accident may come into play in this case.

An attorney in a DUI case may bring all these points to the attention of the court. Sometimes the court rules them valid, and worthwhile of dismissing the case. Most times not.

Thank you, Sassy, for taking the time to explain that. Have a good day!

I've had attorneys file motions to dismiss on a wide variety of points of law. One of the standard ones is at the conclusion of the state's case, the attorney makes a motion to dismiss based on the state's failure to prove their case. I've seen it work one time...on a speeding trial.

He has already been charged, tried and found guilty and sentenced. If he is appealing, isn't he appealing the same thing he was charged with and found guilty of in the first place? I think the man should resign. He makes the city of Tuscumbia look bad and he is showing that at any cost he is going to try and get out of this DUI charge. He should be a man and admit what he did and get help, pay his debt and move on with his life. People would think a lot more of him if he did. Personally, I think he is using every tool he can to try and beat the system, not unlike so many other criminals do. We need a more respectable, person in the position of Chief. I also don't think it should be up to Shoemaker to decide. Why not let the people of Tuscumbia decide who they want their chief to be. He is just trying to make this drag on forever until the courts get tired of him and throw his case out.

It's quite common to appeal cases from municipal courts to circuit court. Defendants may be appealing to bring up what they consider errors on the part of the municipal judge's decisions on the admissibility of evidence, or on the procedure the judge followed. Or, they may appeal to allow their case to be heard by a jury instead of just a judge.

Due process under law is guaranteed by the 14th Amendment to the Constitution. No defendant should be denied their right to due process, including appeals.

quote:

Originally posted by Joe:
He has already been charged, tried and found guilty and sentenced. If he is appealing, isn't he appealing the same thing he was charged with and found guilty of in the first place? I think the man should resign. He makes the city of Tuscumbia look bad and he is showing that at any cost he is going to try and get out of this DUI charge. He should be a man and admit what he did and get help, pay his debt and move on with his life. People would think a lot more of him if he did. Personally, I think he is using every tool he can to try and beat the system, not unlike so many other criminals do. We need a more respectable, person in the position of Chief. I also don't think it should be up to Shoemaker to decide. Why not let the people of Tuscumbia decide who they want their chief to be. He is just trying to make this drag on forever until the courts get tired of him and throw his case out.

Sassy's pretty much right on. If you are convicted of any crime in municipal or district court, you can appeal to circuit court for a completely new trial, with a jury. It's as if the previous trial never happened. You don't have to appeal any specific issues or errors. You simply have the right to a "do-over." Sometimes a jury will find someone not guilty that was originally found guilty in municipal court. It's pretty common knowledge among lawyers that muni court is more about generating revenue and less about justice. I'm not taking up for Mr. Logan, I don't know the guy. I think what Tim Case was arguing when he asked for a dismissal was that the ticket didn't clearly specify whether he was charged under a municipal ordinance or the state DUI law.

quote:

Originally posted by lawguy07:

quote:

Originally posted by Joe:
He has already been charged, tried and found guilty and sentenced. If he is appealing, isn't he appealing the same thing he was charged with and found guilty of in the first place? I think the man should resign. He makes the city of Tuscumbia look bad and he is showing that at any cost he is going to try and get out of this DUI charge. He should be a man and admit what he did and get help, pay his debt and move on with his life. People would think a lot more of him if he did. Personally, I think he is using every tool he can to try and beat the system, not unlike so many other criminals do. We need a more respectable, person in the position of Chief. I also don't think it should be up to Shoemaker to decide. Why not let the people of Tuscumbia decide who they want their chief to be. He is just trying to make this drag on forever until the courts get tired of him and throw his case out.

Sassy's pretty much right on. If you are convicted of any crime in municipal or district court, you can appeal to circuit court for a completely new trial, with a jury. It's as if the previous trial never happened. You don't have to appeal any specific issues or errors.
You simply have the right to a "do-over." Sometimes a jury will find someone not guilty that was originally found guilty in municipal court. It's pretty common knowledge among lawyers that muni court is more about generating revenue and less about justice. I'm not taking up for Mr. Logan, I don't know the guy. I think what Tim Case was arguing when he asked for a dismissal was that the ticket didn't clearly specify whether he was charged under a municipal ordinance or the state DUI law.

Well, I didn't mean that I didn't think he had the right to appeal, he has the same rights afforded any other criminal that has already been convicted. I think the point that I was making is that in the position that he is in, he should step down from his job. A lot of officers have been let go from their jobs for a lot less. He just sets a bad example for Tuscumbia and for the young people of our community.

Let me state up front that I'm not taking up for Chief Logan, and would not condone anyone driving under the influence.

That said, a DUI conviction is not an absolute bar from employment as a LEO in Alabama. Realistically, few if any agencies would retain him if the conviction stands. I do know of a county Road Department Supervisor who was convicted of DUI...and the word I received was that the County Commission assigned him a driver for the 90 day license suspension period.

Chief Logan does have skills, training and experience that make his service to Tuscumbia unique and valuable. Those attributes may or may not outweigh his liabilities.

quote:

Originally posted by Sassy Kims:
Let me state up front that I'm not taking up for Chief Logan, and would not condone anyone driving under the influence.

That said, a DUI conviction is not an absolute bar from employment as a LEO in Alabama. Realistically, few if any agencies would retain him if the conviction stands. I do know of a county Road Department Supervisor who was convicted of DUI...and the word I received was that the County Commission assigned him a driver for the 90 day license suspension period.

Chief Logan does have skills, training and experience that make his service to Tuscumbia unique and valuable. Those attributes may or may not outweigh his liabilities.

I agree that Chief Logan has skills, training and experience that make his service to Tuscumbia valuable. However, I can't help but wonder if he just suddenly stopped drinking since his DUI conviction. All hearsay, but I've heard that they are big drinkers. If he would just say, "look folks, I made a mistake, I have a drinking problem, and for my own health and for the safety of others I am going to get the help I need", I think people would admire him a lot more instead of trying to just make it go away and pretend it never happened. Also, I still ask, how can any officer of the law keep their job, which may include stopping and arresting someone for a DUI when they themselves have been convicted of the same thing. Like I said previously, I just don't think it sets a good example for our community or our youth. I have nothing against the man personally and hope that he will get the help he needs and lives a long a productive life.

I somehow missed this thread earlier but it explains a lot of things for me. I also was wondering how he could continue his employment among other details I didn't know about.

[QUOTE]Originally posted by Sassy Kims:

I do know of a county Road Department Supervisor who was convicted of DUI...and the word I received was that the County Commission assigned him a driver for the 90 day license suspension period.

the county was trying to help the unemployment problem by providing said driver, i applaud them for using my tax dollars in this manner. (yes this is sarcasm to the extreme)

quote:

Originally posted by dark dreamer:
I also was wondering how he could continue his employment .

Because Shoemaker is allowing his employment.

I hope this wouldn't happen in Sheffield where I live. Mr. Logan needs help.