Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Hirsch

Court of Criminal Appeals of Tennessee, Nashville

September 28, 2017

STATE OF TENNESSEE
v.
ARTHUR JAY HIRSCH

          Session July 18, 2017

         Appeal from the Circuit Court for Lawrence County No. 32518 Stella Hargrove, Judge

         The defendant, Arthur Jay Hirsch, appeals his Lawrence County Circuit Court jury convictions of driving on a suspended license, unlawfully carrying a weapon with the intent to go armed, and violating both the vehicle registration and financial responsibility laws, claiming that the statute proscribing the unlawful carrying of a weapon is unconstitutional, that the rulings of the trial court evinced a bias against him and resulted in a violation of due process principles, and that the trial court lacked subject matter jurisdiction. Discerning no error, we affirm.

         Tenn. R. App. P. 3; Judgments of the Circuit Court Affirmed

          Arthur Jay Hirsch, Lawrenceburg, Tennessee, pro se.

          Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Kim Helper, District Attorney General; and Tammy Rettig, Assistant District Attorney General, for the appellee, State of Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which John Everett Williams and Timothy L. Easter, JJ., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         The Lawrence County Grand jury charged the defendant with one count of driving while his license was cancelled, suspended, or revoked; one count of carrying a firearm with the intent to go armed; one count of violating the motor vehicle registration requirement; and one count of violating the financial responsibility law.

         The evidence adduced at the defendant's December 2015 jury trial established that, on the evening of December 10, 2013, Tennessee Highway Patrol Sergeant Jeff Reed first observed the defendant driving "a vehicle . . . that had a strange registration plate on the rear of the vehicle." When Sergeant Reed saw that the vehicle also lacked a registration plate on the front bumper, he followed the vehicle, "[a] red Ford F-350 with a steel flatbed on the vehicle, " into a nearby parking lot, where he made contact with the defendant. When Sergeant Reed asked about the registration plate, the defendant pointed to the plate on the rear of his vehicle. When asked "about his real registration plate, " the defendant said "that he was not required to have one." Sergeant Reed testified that the plate affixed to the rear bumper of the defendant's vehicle was "not an official government plate recognized anywhere within Canada, United States, or Mexico." According to Sergeant Reed, the plate, which contained a reference to Little Shell Pembina Band along with "some alpha numerics and some numbers, " looked "almost" like "an official registration plate." A photograph of the registration plate was exhibited to Sergeant Reed's testimony and displayed to the jury.

         When Sergeant Reed asked to see the defendant's driver's license, the defendant "started to explain . . . why he . . . was not required to have a driver's license in regards to the laws of God, the laws of man and thus he was not required to have a driver's license." The defendant possessed no registration papers for his vehicle or proof of insurance and provided a similar explanation to Sergeant Reed for having neither.

         At that point, Sergeant Reed inquired whether the defendant had any weapons on his person or in the vehicle, and defendant said that he did. The defendant said that he did not have a permit for the weapon, a small pistol that he had stored in a small water cooler. The weapon was loaded.

         Sergeant Reed issued a citation to the defendant for driving while his license was suspended. The officer later obtained from the State of Virginia a certified document reflecting the status of the defendant's driver's license. That document, which established that the defendant's driver's license had been suspended, was exhibited to Sergeant Reed's testimony.

         At the conclusion of Sergeant Reed's testimony, the State rested. Following a Momon colloquy, the defendant, who was acting pro se, elected to put on proof ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.