Blogs & Articles

Case: George Gary Ingram v. Dr. Michael Gallagher et al. Facts: In this healthcare liability action, the plaintiff initially sued the doctor and the hospital. The plaintiff voluntarily dismissed the action without prejudice against the hospital. The doctor subsequently filed an answer to the complaint, stating that the...

Malicious Prosecution

Case: Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 Et Al. Facts: Plaintiff sued Defendants for malicious prosecution after a criminal charge against Plaintiff prompted by Defendants was “retired” and then dismissed. Defendants moved to dismiss the suit, contending that the retirement of the criminal case...

Governmental Tort Liability Act

Case: Penny Lawson et al. v. Hawkins County, TN et al. Facts: After a fatal road accident, Plaintiffs sued municipal Defendants for negligence, gross negligence, and recklessness in Defendants’ response to a road washout that led to Decedent’s death. The trial court dismissed the case on the grounds...

Criminal Jury Instructions

Case: State of Tennessee v. Lynn Frank Bristol Facts: In a sex abuse trial, the trial court’s written jury charge failed to include instructions regarding the indicted offenses and several relevant definitions. However, the transcripts reflects that the oral charge differed significantly from the written charge and did...

Consecutive Sentencing

Case: State of Tennessee v. Quinton Devon Perry Facts: Defendant pled guilty to several counts of aggravated sexual exploitation, and additional counts of aggravated sexual exploitation of a minor where the number of exploitive materials exceeded twenty-five. The trial court ordered partial consecutive sentencing on the basis that...

Competitive Cable and Video Services Act

Case: City of Knoxville v. Netflix Certified Question of Law From Federal Court: “Whether Netflix and Hulu are video service providers, as that term is defined in the relevant provision of the CCVSA, Tenn. Code Ann. § 7-59-303(19).” Review Granted: January 19, 2022. Prediction : The Hot List...

Former prosecutor David Raybin, explains Nashville Waffle House Shooting Case

25 January 2022

“Jury Selection Starting in Nashville Waffle House Shooting.” Read more here.

Prosecutorial Misconduct Standard of Review

Case: State of Tennessee v. Tyler Ward Enix Facts: On appeal, Defendant raised six challenges to the State’s closing argument. The State argued all but one of those challenges were waived because Defendant failed to object during the closing argument, in the motion for new trial, or both....

Health Care Liability Act: Vicarious Liability Claims

Cases: Beverly Gardner v. Saint Thomas Midtown Hospital Dennis Harold Ultsch v. HTI Memorial Hospital Corporation Facts: In two unrelated cases, the plaintiffs initially filed suit against hospitals for vicarious liability of their agents and provided the requisite pre-suit notices. The plaintiffs then sought to add the agents as...

Expert Testimony Against Co-Defendant in Health Care Liability Case

Case: Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority Et Al. Facts: Plaintiff filed a Health Care Liability Act claim against various defendants generally alleging Nurse was negligent in calling Doctor too late after failing to timely recognize a serious medical issue. During Doctor’s deposition, he...

Criminal Savings Statute

Case: State of Tennessee v. Marvin Maurice DeBerry Facts: Defendant was convicted of driving after having been declared a motor vehicle habitual offender (“MVHO”). After his conviction but prior to his sentencing, an amendment to the statute that was the basis of his MVHO conviction went into effect,...

Arrests Outside Officers’ Jurisdiction

Case: State of Tennessee v. Corey Forest Facts: Defendant was arrested for possessing contraband found during a traffic stop. Notably, the stop was initiated by a City of Columbia police officer outside of the Columbia city limit. Defendant filed a motion to suppress, contending, among other things, that...

Forgery Convictions

Case: State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser Facts: The Defendants, who were upset with various government officials, electronically submitted baseless lien filings against them with the Secretary of State’s office. The Defendants were convicted on...

Expungements

Case: Recipient of Final Expunction Order v. David B. Rausch, Director of TBI Facts: The Plaintiff in this case received and completed judicial diversion for a criminal offense. Plaintiff then obtained an Order from Circuit Court directing that all public records regarding the offense be expunged and destroyed....

Drug Free School Zones

Case: State of Tennessee v. Douglas E. Linville Facts: Defendant was convicted and sentenced under the Drug Free School Zone for possessing drugs near a park. Pursuant to the “School Zone” law, the record reflected the Defendant was to be punished one classification higher, but the judgement form...

Comparative Fault and Attorney’s Fees

Case: Pryority Partnership v. AMT Properties, LLC, Et Al. Facts: In this action involving a commercial lease, the trial court granted judgment in favor of the lessee, determining that the lessor had materially breached the lease. The court further determined that the lessor was liable for negligent misrepresentation,...

Speedy Trial

Case: State of Tennessee v. William Eugene Moone Facts: Defendant was convicted of attempted second degree murder and unlawful employment of a firearm. Among other issues, Defendant argued he was denied the right to a speedy trial. On appeal, Defendant contended that the speedy trial issue should be...

Probation Violations

Case: State of Tennessee v. Craig Dagnan Issues: When determining the consequence of a probation violation, must a trial court make additional findings? Is the determination subject to appellate review? Facts : At a probation revocation hearing, the trial court found Defendant violated the terms of his probation and then...

Mootness

Case: Elijah “LIJ” Shaw Et Al. v. Metropolitan Government Of Nashville And Davidson County Facts: Homeowners sued City challenging a City code provision that prevented Homeowners from serving customers at their home-based businesses. The trial court granted summary judgment to the City, concluding that the client prohibition had a rational...

Ineffective Assistance of Counsel

Case: Tommie Phillips v. State of Tennessee Facts: In a petition for post-conviction relief, Defendant contended his trial attorney was ineffective for failing to move to suppress his statement on Fourth Amendment grounds (although the trial attorney did move to suppress on Fifth Amendment grounds). Intermediate Decision: ...

Health Care Liability Act

Case: Donna Cooper, Et Al. v. Dr. Mason Wesley Mandy, Et Al. Issue: Does the Health Care Liability Act apply to claims of intentional misrepresentation or medical battery? Facts : Patient filed a lawsuit alleging that Provider intentionally misrepresented that the treating doctor was board certified and also committed medical...

Attorney Fees after Dismissal

Case: Mindy Donovan v. Joshua R. Hastings Issues: How should attorney fees be calculated after a motion to dismiss is granted? Facts : Homeowner sued Contractor regarding a contract dispute. Contractor filed a counter-complaint, and then an amended counter-complaint. Homeowner filed a motion to dismiss Contractor’s amender counter-complaint, which was...

Andrew Delke Guilty Plea

02 July 2021

Defense Team Statement Nashville, Tenn. — This is a joint statement by attorneys David Raybin, John M. L. Brown, and Kristin Ellis Berexa. Each of us are in separate law firms; we and our support staff joined together to form a defense team representing Andrew Delke. Earlier this morning, Andrew...

Jennette Lawsuit Alleges Inmate Killed by Excessive Force

21 May 2021

Firm attorneys David Weissman and Ben Raybin, along with attorney Rob Gritton, have filed a lawsuit which has recently received extensive local and national news coverage. The following is a statement regarding the case: Our thoughts are with Mr. Jennette’s three daughters who suffered the loss of their father....

Tennessee Life Sentence Parole Eligibility May Be Reduced

30 April 2021

Natalie Allison Nashville Tennessean 4.27.2021 category: In The News A major criminal justice reform initiative pushed for years by advocates has finally passed a significant milestone in Tennessee. It’s a measure that would offer a life-altering second chance for inmates serving life in prison to prove they have been rehabilitated. Currently, a...

Ben Raybin and the Tennessee Supreme Court Case Ruling

23 February 2021

The Tennessee Supreme Court issued a unanimous decision today in favor of attorney Ben Raybin’s client, who had been charged with a drug offense. In the case, law enforcement surrounded Ben’s client home while looking for a wanted suspect. She finally came out at gunpoint and eventually agreed to let...

Explosive Growth of Life Sentences in Tennessee Hits Minorities Hardest, Report Finds

18 February 2021

Adam Tamburin – Nashville Tennessean 2.18.2021 Tennessee’s criminal justice system increasingly relies on life sentences, a new analysis shows, a phenomenon straining the state’s prisons and budget. The population of so-called “lifers” in Tennessee prisons has grown by 87% since 1970, according to the report released Wednesday by Washington D.C. nonprofit The Sentencing Project. An...

Self-Defense Laws Could Protect Man Who Killed Prankster During Fake Robbery

08 February 2021

David Raybin speaks on self-defense laws in recent interviews with WKRN and WSMV. Read more about this fake robbery incident & David’s input: https://www.wkrn.com/news/crime-tracker/self-defense-laws-could-protect-man-who-killed-prankster-during-fake-robbery/ https://www.wsmv.com/news/fatal-youtube-prank-gone-wrong-would-have-violated-platforms-policies/article_40ac0806-6b57-11eb-ba93-db6704dbf84d.html

Violent Robbery Suspect Was Out on Supervised Probation Based Off of Judge’s Decision

05 February 2021

David Raybin provides insight on a local case in which he is not representing. Read more about David Raybin’s input in this WZTV news article: https://fox17.com/news/local/violent-robbery-suspect-was-out-on-supervised-probation-based-off-of-judges-decision

Claiming Unrest Potential, Officer Wants Murder Trial Moved

25 January 2021

Potential for civil unrest has helped for David Raybin to act in the best interest of his client. Read more in this Associated Press article: https://apnews.com/article/nashville-trials-shootings-police-coronavirus-pandemic-3fcd4da94696f92a9c7635f7d862e817

Statutory Damages Cap

Case: Cynthia E. Yebuah et al. v. Center for Urological Treatment, PLC Facts: In this health care liability case, a jury awarded Patient $4 million in noneconomic damages and $500,000 to Spouse for loss of consortium. The Defendant argued that the statutory damage cap should reduce the totality...

Prosecutorial Misconduct

Case: State of Tennessee v. Edward Walsh Facts: Defendant contends that the prosecutor made an improper statement in closing argument. Defendant did not make a contemporaneous objection at trial but did raise the issue in his motion for new trial. Appellate Decision: The intermediate court applied a...

Loss of Consortium in Claims Commission Cases

Case: Steven Kampmeyer, Et Al. v. State of Tennessee Facts: Husband filed a claim for damages against the State in the Division of Claims Administration regarding a car accident. The claim was transferred to the Claims Commission, and then Husband and Wife filed a joint complaint for damages...

Insurance Payments to General Contractors

Case: Affordable Construction Serv. v. Auto-Owners Ins. Co. Facts: In this federal diversity case, Construction Company seeks the recovery of money from Insurance Company allegedly due under a purported construction contract between Construction Company and an HOA. The HOA had property insured by Insurance Company, who hired Construction...

Gang Evidence and Premeditation

Case: State of Tennessee v. Jeremy Reynolds Facts: Defendant was convicted of first-degree premeditated murder. Over the defense’s objection, the State introduced evidence of gang affiliation “for the purposes of establishing the Defendant’s identity and completing the story.” Appellate Decision: The intermediate court first held there was...

Raybin & Weissman Will Appear in the Best Lawyers in America© 2021

27 September 2020

Raybin & Weissman is pleased to announce the acceptance of the award for “Best Lawyers in America” for 2021. Read more about this prestigious award: https://www.wfmj.com/story/42654448/raybin-weissman-will-appear-in-the-best-lawyers-in-america-2021

Res Judicata

24 September 2020

Case: Regions Bank v. Nathan I. Prager Facts: After Plaintiff’s first suit was dismissed for failure to prosecute, Plaintiff filed a Motion to Reconsider. The trial court denied the motion but said the dismissal was neither “with nor without prejudice” and the Plaintiff was “welcome to refile.” Relying on that...

Parental Right Termination

24 September 2020

Case: In Re Mattie L. Facts: Mother petitioned to terminate Father’s parental rights. Father was arrested shortly before the trial and did not appear. The trial court held a trial without Father and held two grounds for termination had been proven by clear and convincing evidence: abandonment by...

Juvenile Life Sentences

24 September 2020

Case: State of Tennessee v. Tyshon Booker Facts: Defendant received a mandatory life sentence for a murder committed with he was sixteen years old. Defendant argued that “an automatic sentence of life imprisonment (with release no sooner than fifty-one years) is unconstitutional for a juvenile” based on the...

What to Expect at a DUI Hearing

Someone who has been arrested for DUI in Tennessee can anticipate having to go through several steps while their criminal case is pending. Following arrest, the individual will first have a bond hearing with a magistrate or judicial commissioner while still in jail. In most cases, the person will not...

Res Judicata

Case: Elvis Presley Enterprises, Inc., et al. v. City of Memphis, et al. Facts: The City of Memphis entered into an agreement with the now-Memphis Grizzlies basketball team to build an arena, which included a provision that the city would not fund or benefit “any new competing facility.”...

Prompt Pay Act

Case: Snake Steel, Inc. v. Holladay Construction Group, LLC Facts: A subcontractor sought statutory penalties against a prime contractor based on the contractor’s failure to comply with the Prompt Pay Act’s requirement that any retainage withheld be deposited into an interest-bearing escrow account as set forth in Tenn....

Parental Right Termination

Case: In Re Neveah M. Facts: The trial court granted foster parents’ petition to terminate the parental rights of the biological mother. The trial court found, among other things, placing the child with the biological mother would pose a risk of substantial harm because the mother had failed...

Negative Reciprocal Easements

Facts: In this declaratory judgment action involving neighboring landowners in a residential development, the trial court determined that the restrictive covenants applicable to the development would prevent the defendant from constructing a commercial business on his property. The trial court accordingly entered an injunction preventing the defendant from constructing...

Judgments of Acquittal

Case: State of Tennessee v. Shalonda Weems Facts: Defendant was found guilty of aggravated child neglect and reckless homicide in connection with the starvation death of her six-month-old daughter. The trial court then entered a Judgment of Acquittal for the aggravated child neglect conviction and set it aside....

Inevitable Discovery Doctrine

Case: State of Tennessee v. Samantha Grissom Scott Facts: Sheriff’s Deputies were dispatched to the Defendant’s home to serve an arrest warrant on a man who did not live there but believed to be present. Upon arrival, the Deputies saw an unknown male enter Defendant’s residence and lock...

How Being Convicted of a DUI can Impact Your Employment

The criminal penalties associated with being convicted of driving under the influence (DUI) in Tennessee are potentially quite severe. You could be required to pay a hefty fine, perform community service, temporarily give up your driver’s license – even spend some time in jail. There is, however, another commonly overlooked...

Have You Been Falsely Accused of Domestic Violence During the COVID-19 Pandemic?

It is well documented that periods of crisis such as the COVID-19 pandemic can lead to a surge in domestic violence. Mandatory social isolation combined with widespread unemployment and increased rates of firearm ownership create an environment for domestic violence to occur more frequently. A UN organization called the United...

Gang Enhancement Statute

Case: State of Tennessee v. Terrell Lamont Reid Facts: Defendant pled guilty in 2015 and received a sentence that was enhanced by the “criminal gang enhancement statute.” The following year, the enhancement was held to be unconstitutional in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016)....

David Raybin Quoted in USA Today Article on Releasing Inmates During COVID-19 Crisis

David Raybin was quoted in a USA Today article called “Let them out: Advocates want inmates granted parole freed as COVID-19 stalks prisons.” David has been a leading voice in Tennessee seeking to reduce the inmate population by expediting the release of inmates who have already been granted parole, but...

TN Supreme Court Grants Review of Case Filed by Ben Raybin

08 June 2020

The Tennessee Supreme Court has recently granted review of a case filed by firm attorney Ben Raybin on behalf of his client, Samantha Scott. The case involves a search of a house by law enforcement conducted without a search warrant. Only about 5% of cases submitted to the high court...

Why has the Tennessee Supreme Court suspended jury trials until Independence Day?

28 May 2020

Our attorney, David Raybin contributed to the Tennessean with an opinion piece titled: Why has the Tennessee Supreme Court suspended jury trials until Independence Day? You can read more about why Tennessee has ordered that jury trials continue to be postponed until after July 3 here: Why has the Tennessee Supreme...

Who Can Be Released from Jail or Prison During the Coronavirus Pandemic?

11 May 2020

Here at Raybin & Weissman, we have gotten several calls from people who have loved ones in Tennessee jails or prisons. Understandably, people are very worried about infection from COVID-19, also known as coronavirus. However, an inmate’s eligibility for release depends on their current situation and location. Not everyone is...

Do I Need A Lawyer For A Citation or Summons?

22 April 2020

As part of the COVID-19 response, Nashville Police have been issuing criminal citations or summonses instead of arresting people. Do those who receive a citations or summons for a criminal charge still need a lawyer? Yes! A criminal citation and summons is still a criminal charge that will require appearing...

Unlawful Detainers

13 April 2020

Case: Belgravia Square, LLC v. Melvin White, et al. Facts: Borrower refused to vacate his property after it was sold to Company at a foreclosure auction, so Company filed an unlawful detainer action in general sessions court. Company prevailed, and Borrower appealed to circuit court while retaining possession of the...

Opioid Lawsuits

13 April 2020

Case: Jared Effler Et Al. v. Purdue Pharma L.P. Et Al. Facts: Several District Attorneys and two minor children sued certain drug manufacturers under the Tennessee Drug Dealer Liability Act, alleging the redirection of a drug from a proper use to an illicit use. The trial court dismissed the case,...

Negligent Insurance Procurement Suits

13 April 2020

Case: Talat Parveen Et Al. v. ACG South Insurance Agency, LLC Et Al. Facts: Plaintiffs contacted an insurance agent to procure a new umbrella insurance policy with the same terms as their existing one, which included excess uninsured motorist coverage. Such coverage was not included, but they payed premiums and...

Amid COVID-19 Outbreak, Defense Attorneys Ask Parole Board to Ease Release Requirements

27 March 2020

“High-profile Nashville attorney David Raybin asked the board to “accelerate the release of already-paroled prisoners” in a letter Friday. The Tennessee Association of Criminal Defense Lawyers endorsed Raybin’s letter.” Read more in this Tennessean article about expediting necessary releases: https://www.tennessean.com/story/news/politics/2020/03/27/attorneys-tennessee-parole-board-release-requirements/

Teacher Tenure Act

Case: Melanie Lemon v. Williamson County Schools, Et Al. Facts: A former tenured teacher sued the county school board and three administrators for wrongful termination, among other things, alleging she was “bullied” and forced to resign. The trial court granted the defendants’ motion to dismiss because the teacher had resigned...

Products Liability

Case: Carolyn Coffman et al. v. Armstrong International, Inc. et al. Facts: Plaintiffs sued multiple defendants for their alleged involvement in the exposure to asbestos in the workplace. Among the defendants were the “Equipment Defendants” who “purchased asbestos-containing gaskets and/or packing from other manufacturers and incorporated those asbestos components into...

Pre-Suit Notice

Case: Clarissa Bidwell, Deceased, By Next Friend and Husband, James Bidwell, Et Al v. Timothy A. Strait, M.D., Et Al Facts: Plaintiff sued two doctors for medical malpractice and provided each with the required pre-suit notice. Plaintiff did not provide notice to Erlanger, the governmental hospital authority which employed the...

Money Laundering

Case: State of Tennessee v. Robert Jason Allison Facts: Defendant “fronted” marijuana on two occasions to a drug dealer in exchange for payments on a later date. The drug dealer turned out to be a cooperating informant, and Defendant was arrested for both selling the drugs as well as money...

Illegal Sentences

Case: State of Tennessee v. Yodelkis Contreras Facts: Defendant pled guilty to aggravated robbery and was sentenced to 10 years of probation, which was an unauthorized sentence pursuant to TCA 40-35-303. When he violated probation, the trial court revoked probation and imposed a sentence of 10 years’ confinement. Defendant appealed,...

Economic Loss Doctrine

Case: Milan Supply Chain Solutions, Inc. f/k/a Milan Express, Inc. v. Navistar, Inc., et al. Facts: Plaintiff sued Defendant in a commercial dispute pertaining to the quality of trucks purchased by the Plaintiff pursuant to a contract. The lawsuit alleged breach of contract, fraud, and violation of the Consumer Protection...

Criminal Defense Attorney Ben Raybin was quoted in Tennessean article regarding Gov. Bill Lee Loosening Requirements for Pardons and Commutations.

28 January 2020

Since less than 6% of clemency applications in Tennessee made it to the Governor’s desk in 2018, Tennessee’s new Governor, Bill Lee, has made a handful of tweaks to the clemency process that could have a tremendous impact. The changes made are as follows: Pardon applications shifted from requiring “a...

David Raybin Asks for a Change of Venue in a High-Profile, Police Related-Shooting

15 November 2019

As reported in the local (Nashville Public Radio and Tennessean) and national news (New York Times), Nashville media were in the spotlight at the latest hearing in the case against Metro Nashville Police Officer Andrew Delke. His attorney, David Raybin moved for a change of venue saying, “pervasive” coverage of...

Ben Raybin Testifies in Legislature on Civil Asset Forfeiture

30 October 2019

Attorney Ben Raybin gave testimony yesterday on Civil Asset Forfeiture at a summer study hearing by the Civil Justice Subcommittee of the Tennessee House of Representatives. The legislature is currently considering bills to modify the procedures used to take property from citizens through civil forfeiture, which often occurs without criminal...

Orders of Protection

22 October 2019

Firm attorney Ben Raybin was interviewed on the Channel 4 evening news yesterday regarding Orders of Protection. Orders of Protection, also known as “restraining orders,” are a way for domestic violence victims to receive protection from their abusers. If granted, the order will forbid the person from contacting, abusing, or...

Car Accident in Nashville: Reasons to Call a Lawyer

21 October 2019

Nashville is growing quickly, which means there are more cars on the road and a greater chance for accidents to occur. Getting into an accident can be frightening, especially if you’re in the middle of a congested roadway and don’t know what to do. You should always call the police...

Wrongful Termination

Case: Joshua Keller v. Janice Casteel, Et Al. Facts: A city firefighter was terminated and challenged the termination procedure. The trial court granted him partial summary judgment regarding wrongful termination, but with respect to damages, found that the petitioner failed to exercise reasonable diligence in securing employment. The...

Property Tax Classification Appeals

Case: East Tennessee Pilot’s Club, Inc. v. Knox County Tennessee, Et Al. Facts: After an ALJ concluded certain property should be classified as “farm property,” the county property assessor reclassified it in 2013 as split property, commercial and farm. The property owner paid its 2013 to 2016 taxes...

Property Deeds

Case: Scott Trent Et Al. v. Mountain Commerce Bank et al. Facts: Adren and Pamela Greene owned a piece of real property. Adren executed a quitclaim deed to Company, which was a business they both owned. Later, Company executed a deed conveying its interest to Buyers. The Greenes...

Non-Economic Damages Caps

Case: Jodi McClay v. Airport Management Services, LLC, U.S. District Court Case 3:17-cv-00705. Facts: The U.S. District Court for the Middle District of Tennessee requested an opinion on the following certified questions of law: (1) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann....

Ineffective Assistance of Counsel

Case: Marty Holland v. State of Tennessee Facts: Petitioner pled guilty and received a sentence ordered to run concurrently to an ongoing federal sentence. Nothing was presented at sentencing regarding his federal sentence. Petitioner sought post-conviction relief on the basis that his attorney had failed to investigate three matters related...

Health Care Liability Act

Case: Lataisha M. Jackson v. Charles Anthony Burrell, et al. Facts: Plaintiff alleged she was assaulted while receiving a massage at a day spa. She brought intentional tort and negligence claims against both the therapist and the business. She provided a pre-suit notice but did not file a...

Delayed Criminal Appeals

Case: Antonio Howard v. State of Tennessee Facts: Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective in failing to file a timely motion for new trial. Appellate Decision: The intermediate court held that trial counsel was deficient and Petitioner was presumptively prejudiced by...

Bail Bonds

Case: In Re: Cumberland Bail Bonding Facts: Bail Bond Company’s bonding privileges were suspended due to violation of a local rule requiring a bonding agent be present for a defendant’s first court appearance. Appellate Decision: The intermediate court reversed, holding that because the rules already require a...

Attorney’s Fees

Case: David New v. Lavinia Dumitrache, et al. Facts: Mother was granted an Order of Protection against Father in general sessions court. Thirty-Six days later, Father filed suit in chancery court seeking to enroll their Texas divorce decree and appeal the OP. The chancery court dismissed the suit...

Suspended Tennessee State quarterback Demry Croft enters plea on rape charges

06 September 2019

Tennessee State University quarterback Demry Croft faced rape charges against him in court Wednesday, when he pleaded not guilty. Croft, 22, is accused of raping a female student on campus in December, according to court and university documents. He was indicted on six felony counts of rape and two counts...

Lawyers want a change of venue in trial of Nashville police Officer Andrew Delke

06 September 2019

Lawyers representing a Nashville police officer charged with murder want the trial to be moved out of the city. Officer Andrew Delke, 26, appeared in court Thursday when his attorney David Raybin asked for a hearing to be set to debate a new trial location. Judge Monte Watkins agreed to...

Andrew Delke case: Change of venue hearing scheduled for officer charged with murder

06 September 2019

NASHVILLE, Tenn. (WTVF) — A Nashville judge has scheduled a hearing to decide whether there will be a change of venue in the case of a Metro police officer who’s been charged with murder. Decommissioned officer Andrew Delke appeared in court Thursday morning for a brief motions hearing. His attorney,...

Dangerous Intersections in Nashville

23 August 2019

If you live in Nashville, it’s likely that you’ve noticed the city’s immense growth over the past few years. There are many positive aspects associated with the growth of a city, but unfortunately, there are also some negative aspects. One negative aspect of a city’s growth is an increase in...

Raybin & Weissman, P.C. Attorneys Included in The Best Lawyers in America

15 August 2019

Numerous publications around the world assess the credibility of those who practice law. Best Lawyers is one of the most well-known legal peer reviews, and it has been in rotation since 1983. In 2008, Best Lawyers expanded its global reach. Today, the review is published in seventy-five countries, has over...

What to Do after an Electric Scooter Injury in Nashville

15 July 2019

With electric scooters are becoming increasingly popular in the Nashville area, it’s no surprise that injuries are following close behind. Electric scooters can travel at speeds of up to 15 mph, and riders aren’t required to wear helmets. When scooters collide with vehicles on the road or run into other...

Charged with Domestic Violence While Visiting Nashville: What to Do Next

28 June 2019

Whether you are coming to Nashville to see the sights or watch the NFL draft, sometimes things get out of hand between you and your significant other, a family member, or a close friend. When this happens, you could be arrested on a domestic violence charge. Being arrested while visiting...

Can I Sue for an Electric Scooter Accident in Nashville?

07 June 2019

Whether you are visiting our beautiful city of Nashville for the first time or are a resident who loves the freedom of being able to get around the city easily, chances are high you’ve rented an electric scooter. Popular rental scooter companies like Lime, Bird, Bolt, Lyft, and others make...

Common Reasons for SSD Denials

06 June 2019

Only 30 percent of all social security disability (SSD) requests get approved. Consequently, there are a lot of denials and many reasons why requests get denied. If you’re wondering “why was I denied SSD?”, reevaluating your claim and appealing the decision can be a smart move. With the help of...

Expert Witness Geographic Requirement

Case: Vickie S. Young v. Frist Cardiology PLLC, et al Facts: In this interlocutory appeal, Defendants moved to exclude medical opinion testimony of Plaintiff’s expert physician, averring that he does not satisfy the competency requirements of TCA 29-26-115(b) because he was not licensed to practice medicine in Tennessee...

Sex Offender Registry

Case: State of Tennessee v. Carl Allen aka Artie Perkins Facts: Carl Allen was convicted of sexual battery in Florida, moved to Tennessee, and registered on Tennessee Sex Offender Registry. He was originally classified as a “sexual” offender, was reclassified as a “violent” offender in 2009, and then...

Aggravated Burglary

Case: State of Tennessee v. Abbie Leann Welch Facts: Defendant entered a Walmart store and stole merchandise after she had received notification that she was banned from all Walmart properties. Defendant was convicted at a bench trial of one count of misdemeanor theft and one count of burglary....

General Sessions Appeals

Case: Ken Smith Auto Parts v. Michael F. Thomas Facts: Plaintiff sued Defendant in General Sessions Court and prevailed. Defendant appealed to Circuit Court, but did not appear for the de novo trial, and the Circuit Court entered an order dismissing the appeal and remanding the case to General Sessions...

Teacher Tenure Act

Case: Stephen P. Geller v. Henry County Board of Education Facts: A tenured teacher serving as an assistant principal was transferred to teach at an alternative school after the local director of schools learned that the teacher did not hold an administrator’s license. On appeal, the teacher asserts that the...

Evidence of Acquitted Conduct

Case: State v. Steve M. Jarman Facts: Defendant was charged with first degree murder and convicted of voluntary manslaughter. Defendant challenged, among other things, that the court improperly admitted evidence of an alleged 2013 assault where the Defendant had been acquitted. Appellate Decision: The intermediate court agreed with Defendant and...

Fraud Convictions

Case: State v. Reuben Eugene Mitchell Facts: Defendant was convicted of arson and filing a false insurance claim. Defendant appealed, alleging that the evidence was insufficient to sustain the convictions. Appellate Decision: The intermediate court reversed the conviction for filing a false insurance claim because the defendant “legally, and under...

Self-Defense

Case: State v. Antonio Benson Facts: The Defendant shot and killed the victim after an argument and was convicted of first-degree murder. The Defendant requested a self-defense jury instruction , contending the proof showed the victim was under the influence of meth, was the first aggressor, and attacked the Defendant...

Hospital Liens

Case: Roy Franks, et al. v. Tiffany Sykes, et al. Facts: Two separate Plaintiffs alleged the filing of undiscounted hospital liens violated the Tennessee Consumer Protection Act (TCPA) by “[r]epresenting that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which...

Loudermill Notice of Public Employee Termination

Case: Paul Zachary Moss v. Shelby County Civil Service Merit Board Facts: Employee was terminated from his employment with the Shelby County Fire Department after he was involved in a physical altercation at a political rally. Appellate Decision: The intermediate court reversed, finding that the employee’s due process rights were...

Parenting Plan Modifications

Case: Lewis Alvin Minyard v. Laura Nicole Lucas and Bradley James Cox v. Laura Nicole Lucas Facts: Both of these cases involve a post-divorce custody dispute between Mother and her two ex-husbands. In each case, the Fathers filed petitions for ex parte emergency relief and modification of the permanent parenting...

Bail Bonds

Case: In re: Rader Bonding Company Facts: Bonding Company was the surety for a defendant’s DUI-2nd and Driving on a Revoked License. The State later obtained an indictment that increased the severity of the defendant’s DUI charge to DUI-4th offense and also contained the original Driving on a Revoked License...

Recovering Compensation for a Car Accident Brain Injury

08 April 2019

A traumatic brain injury (TBI) is one of the most catastrophic injuries a person can be diagnosed with following a motor vehicle wreck. The brain is the most complex organ in the human body, and when it’s damaged, your entire life can be disrupted by your injury. Thankfully, when someone...

Common Reasons Why Tennessee DUI Cases Get Dismissed

08 April 2019

When you are arrested on a suspected driving under the influence (DUI) charge, you could be looking at serious penalties if you are convicted. Thankfully, there are steps you can take to attempt to get rid of a DUI charge and avoid a conviction that could follow you for years....

Suicide attempts in jail are more common than anywhere else in Williamson County

05 March 2019

Editor’s note: This story explores suicide, including details of how people died by suicide. If you are at risk, please stop here and contact the National Suicide Prevention Lifeline for support at 1-800-273-8255. Sasha Putala’s parents knew their son was in a poor mental state when he was arrested on...

PR push for white officer accused of killing armed black man

By Jonathan Mattise | AP February 14 NASHVILLE, Tenn. — The attorney for a white police officer charged with fatally shooting an armed black man in Tennessee is calling for legal discovery documents to be sealed from members of the public. Meanwhile, a police union has launched a digital ad campaign seeking...

Officer Andrew Delke’s lawyer says DA flip-flopped in evidence fight, citing Vandy rape case

Legal arguments are heating up in the murder case against a Nashville police officer, with the officer’s defense attorney accusing the city’s top prosecutor of hypocrisy in a legal filing Thursday. Officer Andrew Delke, 25, was charged with first-degree murder after he shot Daniel Hambrick during a foot chase in...

Delke lawyers: DA Glenn Funk ‘declared war’ on Nashville police with Nuremberg comparison

Nashville police officer Andrew Delke’s defense attorneys said Monday that District Attorney Glenn Funk has “declared war on the police department.” Nothing, Funk’s office said, “could be further from the truth.” Delke, 25, who is white, fatally shot Daniel Hambrick, also 25, who was black, during a July 26 foot...

Attorney for officer charged with homicide: DA “has functionally declared war on our police”

NASHVILLE, Tenn. (WTVF) — The lawyer defending a police officer charged with homicide says the district attorney has “functionally declared war on police,” due to the DA’s comments during a court hearing on Saturday. Decommissioned Metro Nashville police officer Andrew Delke faces criminal homicide charges in the shooting death of...

Can a Passenger Sue Uber or Lyft after an Accident?

12 February 2019

Getting injured in a car accident means that you’ll more than likely have suffered from serious injuries that can severely impact your life for years to come. Unfortunately, in addition to dealing with the pain, treatment, and recovery from your physical injuries, you may also find that you are unable...

What to Do When You’re Charged with Domestic Violence

09 January 2019

If you’re facing a charge of domestic violence (DV), you might be scared and unsure of what to do. You will likely get a lot of advice, but be careful what advice you listen to. Many will say, “Just sign the plea agreement.” Others might suggest you fight the charge...

TN Governor Pardons Client of Raybin & Weissman

21 December 2018

Tennessee Gov. Bill Haslam yesterday granted clemency to Michael Lacey and ten other current or former Tennessee residents. Attorney Ben Raybin represented Mr. Lacey with his clemency petition. Ben Raybin, a Nashville criminal defense lawyer, expressed his appreciation for Gov. Haslam’s decision to pardon Mr. Lacey: “On behalf of Mr....

How Does Comparative Fault Affect Tennessee Injury Cases?

11 December 2018

Despite the fact that you were injured in an accident and your injuries were caused by the negligence of another, you may be refraining from the pursuit of a personal injury claim if you know that you are, at least partially, responsible for the cause of the accident. A good...

David Raybin – Attorney for Andrew Delke

01 October 2018

David Raybin, Attorney for Andrew Delke, was recently covered in a Live Press Conference by News Channel 5: (https://www.facebook.com/newschannel5/videos/1028315734016735/) The story has since gained national media attention, being featured in the following outlets and more: NPR New York Times 9/28/18 New York Times 9/2718 The Tennessean

Polygraph Exam Evidence

26 September 2018

Case: State of Tennessee v. Quintis McCaleb Issue: Are statements made after a polygraph test admissible? Facts: Defendant took a polygraph test. Immediately after the test ended and under questioning by police, “Defendant broke down and admitted to the allegations during the post-polygraph interview.” Defendant moved to suppress the...

Judicial Estoppel

26 September 2018

Case: Polly Spann Kershaw v. Jeffrey L. Levy Issue: Is a former client judicially estopped from claiming her attorney gave her negligent representation after the client swore in the underlying legal proceeding that she was satisfied by the result of the case? Facts: Former Client sued her former...

George Strait’s Drummer Killed in Tractor-Trailer Truck Accident on I-40

20 September 2018

Michael A. Kennedy, longtime drummer for country music star George Strait, was killed August 31, 2018 when his GMC collided with a tractor-trailer truck on I-40 in Lebanon, Tennessee. The accident occurred near exit 238, approximately 30 miles east of Nashville. Kennedy, 59, was driving westbound on I-40 in a...

Driver Seriously Injured in Rear Underride School Bus Crash

12 September 2018

August 2018, a driver was seriously injured after rear-ending a Maury County school bus on U.S. 31. Looking at a photo of the accident scene, it’s miracle that the driver survived the accident, as the white sedan came to rest under the rear of the school bus with the frame of...

David Raybin Featured as Expert on News Channel 5 – Helps Nashville Understand Judge’s Decision in Waffle House Shooter Case

27 August 2018

In a hearing last week, a local judge ruled that accused Waffle House shooter Travis Reinking is not competent to stand trial. It’s a twist in the case that many Nashville residents found surprising. In an effort to help Nashville understand the judge’s controversial decision, Raybin & Weissman criminal defense...

Warrantless Searches of Probationers

21 August 2018

Case: State v. Angela Hamm and David Hamm Issue: Are probationers subject to warrantless, suspicionless searches? Facts: Angela and David Hamm were married and lived together. Angela Hamm was on probation. A confidential informant made a statement potentially implicating Angela and David for selling methamphetamine. Officers were unsuccessful in...

Retroactive Grading of Theft Offenses

Cases: State v. Charles Keese and State v. Michael Tolle Issue: Should thefts occurring before the grading amendment be sentenced under the old or new version? Facts: The offense governing the grading of theft offenses, 39-14-105, was amended in 2016 with an effective date of January 1, 2017. The Defendants...

Contracts

Case: TWB Architects Inc. v. The Braxton, LLC Issue: Did an architect agreement survive a subsequent purchase agreement? Facts: Architect entered into an architect agreement with Developer to build a condo. Architect later entered into a purchase agreement with a Successor Developer to receive a penthouse as “consideration of design...

Comparative Fault

Case: Carolyn Crisp v. Michael Nelms Issue: Was “paceline” cycler at least 50% at fault for accident as a matter of law? Facts: Plaintiff died while bicycling in a “paceline” group. His surviving spouse sued other cyclists, alleging they had slowed down suddenly. Defendants were granted summary judgment on the...

Abatement of Conviction by Death

Case: State v. Hassan Falah Al Mutory Issue: Does a criminal conviction on direct appeal abate upon death of the defendant? Facts: Defendant was convicted of reckless homicide, but died during the pendency of his direct appeal. Defendant’s attorney moved to abate the conviction due to death, which the State...

Indictment Amendments

15 August 2018

Case: State v. Leroy Myers, Jr. Issue: Did defense counsel’s argument on alternate offense trigger an amendment to the indictment? Facts: Defendant was charged with Aggravated Assault for allegedly shooting at the victim. After a bench trial, Defense Counsel argued the conduct did not constitute Aggravated Assault but might be...

Armored Truck Accident Spills Coins on I-40

02 August 2018

In some places the roads are paved with gold. Or so they say. In others, the roads are painted gold, as in Peekskill, New York, where you can stand or drive on the last remaining section of a gold brick road—one which may have inspired the Yellow Brick Road featured in The Wizard...

2018 Texting and Driving Scholarship Winner – National

01 August 2018

The winner of our 2018 Stop Texting and Driving Video Scholarship contest is Blake O’Donnell of Mechanicsville, Va. O’Donnell entered the competition just weeks after his mother, Suzanne, a 48-year-old preschool teacher and breast cancer survivor, lost her life in a distracted driving accident. A teenager was charged with reckless...

Pedestrian Killed in Hit-and-Run Accident in Bordeaux

16 July 2018

Earlier this month a 24-year-old woman was killed in a tragic early-morning pedestrian accident in the Bordeaux neighborhood of Nashville. According to WKRN, the accident took place in the 3100 block of Clarksville Pike near Buena Vista Pike when the woman—who had been riding her bicycle along Clarksville Pike with...

TSU Researchers Analyze Coverage of Pedestrian Deaths

09 July 2018

When the media covers pedestrian accidents, readers often receive the same information that is found in the police report. In other words, news articles typically tell us little more than: Who was involved What happened When the accident happened Where the incident occurred Oftentimes the last line in a pedestrian...

Tennessee Highway Patrol to Host Teen Driver Education Camp

27 June 2018

Late last month the Tennessee Department of Safety and Homeland Security announced its first annual Teen Driver Education Camp, which is being offered to 200 high school students from around the state. The Tennessee Highway Patrol (THP) will serve as hosts for the camp, which will take place at the...

“Bird” Scooter Lands in Nashville – Hit-and-Run Accident Follows

24 May 2018

“Bird” is the word on the minds of Nashville residents following local launch of the controversial electric scooter service. “Do you, or do you not, know about the Bird?” So asks the Peter character in the popular TV cartoon Family Guy before he reprises the 1963 hit song “Surfin’ Bird”...

2018 Texting and Driving Scholarship Winner – Davidson County

14 May 2018

At Raybin & Weissman we are so proud of our 2018 Texting and Driving Video Scholarship winners, including Jacob Fawcett , a high school senior at Hunters Lane High School. As our local (Davidson County) winner, Fawcett received a check in the amount of $1,000 at our scholarship ceremony, which...

Fatal Truck Underride Accident in Franklin

09 May 2018

A woman was killed early on a Friday morning in late April after her SUV became wedged under a semi-tractor trailer on I-65 North in Franklin. Photographs and video from the scene of the accident—which took place just south of Murfreesboro Road—don’t make it clear whether her SUV went under...

2018 Texting and Driving Scholarship Winner – Tennessee

30 April 2018

At Raybin & Weissman we are so proud of our 2018 Texting and Driving Video Scholarship winners, including Coal Dye , a high school senior from Grace Christian Academy, who won our statewide competition. As winner for the state of Tennessee, Dye received a check in the amount of $1,000...

Driver Rear-Ends UPS Truck in Fatal Construction Zone Crash

25 April 2018

Fatal rear-end truck accident a reminder of the need to slow down and exercise caution in construction zones. Earlier this month a 32-year-old Goodlettsville man suffered serious injuries when his car struck the back of a UPS tractor that was stopped due to construction-related traffic on I-24 West near the...

Expungement in Tennessee – FAQ

24 April 2018

Why Did My Expunged Case Show Up On A Background Check? In many situations, we are successful at getting a client’s case dismissed and their public record expunged. Unfortunately, the case can still appear on private background checks even years later. This guide explains why this happens, and what you...

What you need to know about Criminal Misdemeanor Citations in Nashville, Tennessee

16 April 2018

What does it mean to get a Criminal Misdemeanor Citation in Davidson County, Tennessee? The short answer is that it is basically the same thing as getting arrested, yet you were spared the humiliation of being physically arrested, put in jail, and forced to call someone to bail you out....

Tennessee Gives a ‘Thumbs Down’ to Distracted Driving

03 April 2018

“Troopers say just the slightest distraction can lead to a deadly crash.” So said NewsChannel5’s Dan Kennedy during a recent live report from North Nashville. According to Kennedy there were approximately 25,000 distracted driving crashes in Tennessee in 2017, which led to 120 deaths. That’s roughly the same number of...

What You Need to Know When Charged With Domestic Violence

30 March 2018

Domestic violence offenses are treated differently than every other kind of assault offense. These differences exist before, during, and after a case goes to court. “Domestic” cases are where the suspect and victim are related, dating, married, or roommates. Police Response To A Domestic Violence Report Tennessee law and local...

Truck Splits Car in Two in Hit-and-Run Accident on I-440

08 March 2018

Rear-End Accident on I-440 in Nashville Victim hopes that witnesses can help identify the driver of a vehicle that rear-ended her Honda, sending it “flying” into interstate traffic moving in the opposite direction. “From what I’m told, I literally flew across the interstate. My car was split in two and...

Fatal Hit-and-Run Motorcycle Accident in Madison

02 March 2018

Davidson County is the most dangerous county in Tennessee in which to ride a motorcycle. At least that’s what the statistics tell us. Between 2013 and 2016, there were more motorcycle crashes in Davidson County than other county in the state, including 369 accidents in 2016, the most recent year...

Wrong Way Driver Hits Semi-Truck on I-40

22 February 2018

Last month, the westbound lanes of I-40 were closed mid-afternoon in the middle of the week after a 43-year-old woman drove her black Dodge pickup the wrong way on I-40, causing a head-on collision on the interstate. The pickup struck a semi-truck, which in turn, struck an automobile carrier. Fortunately,...

Seat Belts on Tennessee School Buses

16 February 2018

School Bus Safety “The school bus is the safest vehicle on the road. Your child is much safer taking a bus to and from school than traveling by car,” maintains the why doesn’t your child’s school bus have seat belts? The argument made by the NHTSA (and others) is that because...

Safety Improvements Implemented at Nashville’s “Most Dangerous Intersection”

25 January 2018

Nashville Pedestrian Accidents According to the Tennessee Department of Homeland Security, there were nearly 300 pedestrians involved in accidents in Davidson County last year. Worse yet, 2017 was the deadliest year for pedestrians in Nashville history, with nearly two dozen individuals killed on Music City’s roads. Nashville’s population is growing...

Raybin & Weissman Files Lawsuit Regarding Female Inmate Who Was Impregnated By Guard

25 January 2018

Raybin & Weissman recently filed a federal lawsuit on behalf of their client, a female inmate who was repeatedly raped and impregnated by a guard at the Moore County Jail. Said lead attorney Ben Raybin: “Jessica Fowler is just one of many women who have been sexually abused by a...

Liability for Suicide

23 January 2018

Case: In Re Estate of Christina Marie Cotton Issue: Can a personal be liable for someone committing suicide with that person’s firearm, where the person is aware of mental illness and shows him or her where the firearm is located? Facts: Decedent was in a rocky relationship the Defendant, and...

Head-On Collisions Continue to Plague Nashville

17 January 2018

Wrong-way Car Accident on New Year’s Day The New Year was just a few hours old when the Nashville metropolitan area witnessed its first wrong-way crash of 2018. According to WKRN, a black Nissan collided head-on with a silver Chrysler near I-24 West’s Maxey Road exit, just before the Montgomery...

Woman Brings Excessive Force Lawsuit Following Jailhouse Taser Incident

10 January 2018

Last month, a Schuyler County, Illinois, resident brought a lawsuit against the Schuyler County Sheriff’s Department in the U.S. District Court for the Central District of Illinois, alleging that excessive force was used against her and that her Fourth Amendment rights were violated. Specifically, the victim alleged that a male...

86-Year-Old Man Receives $900,000 Settlement in Taser Case

05 January 2018

South Carolina Taser Incident On October 16, police in Kingstree, South Carolina—a small town in Williamsburg County that is roughly equidistant from Charleston, Columbia, and Myrtle Beach—received a 911 call about a white Ford SUV that was allegedly tailgating other vehicles. After a brief, quarter-mile police chase, the driver of...

Northeastern City’s Police Force Plagued By Excessive Force Lawsuits

28 December 2017

Excessive Force Lawsuit After Allentown Tasing In March of last year, a 17-year-old boy was walking with two friends in Allentown, Pennsylvania, when a police officer ordered the group to stop and speak with him. The group did as they were told and a conversation ensued, though the officer soon...

What to Do If You Are the Victim of a Pedestrian Accident

19 December 2017

Nashville Pedestrian Accidents Despite newfound dedication to preventing pedestrian injuries and deaths, this year will go down on record as the deadliest year for pedestrians in Music City history. According to nashvillelook4me.com—the centerpiece of a new campaign called Look for Me, which aims to raise awareness about pedestrian safety in Nashville—someone is...

Motion to Intervene Appeal

19 December 2017

Case: Dialysis Clinic, Inc., et al. v. Kevin Medley, et al. Issue: Is the denial of a motion to intervene a final order subject to a Rule 3 Appeal as of Right, or a non-final order requiring interlocutory appeal? Facts: This case involves a property dispute in which leases were...

Exculpatory Agreements

19 December 2017

Case: Frederick Copeland v. Healthcare/Methodist Rehabilitation Hospital LP ET AL. Issue: Can a company enforce an exculpatory agreement that releases it from claims of negligence? Facts: Company provided medical transportation to Patient, who was in a wheelchair recuperating from a total knee replacement. Patient signed an exculpatory agreement releasing Company...

85-Year-Old Pedestrian Killed in Tractor-Trailer Truck Accident

11 December 2017

Fatal Crossville Pedestrian Truck Accident On November 20th, an elderly man was killed by a semi tractor-trailer truck at an intersection in Crossville, a town of 12,000 people found approximately two hours east of downtown Nashville. According to the Crossville Chronicle, the accident occurred at the corner of Main Street...

Bicyclist Killed in Accident on Natchez Trace Parkway in Tennessee

05 December 2017

Last month, a 58-year-old man from Charlotte, Tennessee, was killed while riding his bicycle on scenic Natchez Trace Parkway in Maury County. According to FOX17.com, the victim was riding north on the Parkway circa mile marker 418 when he was hit by a 1965 Ford Falcon. He suffered serious injuries to...

Search Warrants in Child Porn Cases

Case: State of Tennessee v. Anthony Jerome Miller Issue: Can only District Attorneys obtain a search warrant in child pornography cases? Facts: A police officer obtained a search warrant for a child pornography investigation after obtaining “verbal permission” from an Assistant District Attorney. The Defendant moved to suppress the evidence...

Parol Evidence and Indemnity Clauses

Case: Individual Healthcare Specialists, Inc. v. BlueCross BlueShield Of Tennessee, Inc. Issues: Should the court have considered parol evidence in determining the meaning of an indemnity provision? Do indemnification provisions apply to disputes between the parties? Facts: The contract contained an indemnity provision, as well as an integration clause. The...

Good-Faith Exception to Exclusionary Rule

Case: State of Tennessee v. Jerome Antonio McElrath Issue: Does the “good-faith exception” exclude evidence collected from an arrest that was based on erroneous police information? Facts: Defendant was on a “barred list” from entering a housing project. Although he should have been removed from the list, a clerical error...

2017 – The Deadliest Year for Pedestrians in Nashville

Nashville Pedestrian Accidents on the Rise Statistics tell us that Nashville is an increasingly dangerous city for pedestrians. According to nashvillelook4me.com, on average, a pedestrian is killed every 21 days in Nashville. And with the city’s population growing rapidly and our streets becoming increasingly congested, the trend is moving in...

How Can Cyntoia Brown Be Released From Prison?

27 November 2017

Photo credit: Mbure/Wikipedia Cyntoia Brown, a Tennessee inmate serving a life sentence, has been in the news recently after celebrities and viral internet campaigns brought her case to light. Kim Kardashian even recruited her own lawyer to help. But what can be done under Tennessee law to secure her release?...

Motorcyclist Rear-Ends Smyrna Police SUV

21 November 2017

Earlier this month a motorcyclist was seriously injured when he rear-ended a Smyrna police SUV at the intersection of Old Nashville Highway and Rocky Fork Road. According to WKRN, the rider was transported to TriStar StoneCrest Medical Center and subsequently airlifted to Vanderbilt University Medical Center for additional treatment. The...

Hello world!

16 November 2017

Welcome to WordPress. This is your first post. Edit or delete it, then start writing!

Former MLB Pitcher Killed in Tennessee ATV Accident

13 November 2017

Last month a former Major League Baseball player died in an ATV accident in Humphreys County, a Middle Tennessee county approximately one hour west of downtown Nashville. According to WKRN, the 28-year-old pitcher—who was drafted by the Toronto Blue Jays but spent the bulk of his career with the Chicago White...

Appellate Retroactivity Rules: The Pipeline Doctrine

08 November 2017

** **It is important to be aware of developing legal issues so that if the Tennessee Supreme Court creates some new right or remedy you can take advantage of the ruling even though your case has already been adjudicated. This is known as the “pipeline doctrine” which grants limited retroactive...

Wrong Way Accidents A Common Occurrence in Nashville

30 October 2017

Wrong-Way, Head-On Collisions: A Few Recent Examples Earlier this month, the driver of a Jeep drove the wrong way down Second Avenue in downtown Nashville and T-boned an SUV. Three individuals were hurt in the early A.M. crash and the wrong-way driver was charged with DUI. Fortunately the injuries were minor...

Spring Hill Crash Another in Long Line of Fatal Middle Tennessee Truck Accidents

20 October 2017

Earlier this year, a 35-year-old woman relocated to Williamson County with her husband and two children to take a new job. Sadly, on October 9 she lost her life in a four-vehicle crash on I-65 near Saturn Parkway (Highway 396), when her 2016 Jeep struck a tractor-trailer head-on, causing both...

Sex Offender Probation

26 September 2017

Case: State v. Westley A. Albright Issue: Can a person on sex offender probation be violated for failing to admit his or her crime? Facts: Defendant pled nolo contendere to a sex offence. As a condition of probation, Defendant agreed to participate in sex offender treatment. Defendant was discharged from...

Norris “Taser Case” Officially Dismissed After Settlement With Cheatham County

18 September 2017

FOR IMMEDIATE RELEASE Ben Raybin and David Weissman confirm that their client, Jordan Norris, has entered into a settlement agreement to resolve Jordan’s federal civil rights lawsuit against three Cheatham County Sheriff’s Deputies. Following that agreement, the lawsuit was 14 Stipulation of Dismissal today. The lawsuit alleged that the Deputies...

Why Are Distracted Driving Accidents Underreported?

12 September 2017

Distracted driving is a major problem in Tennessee. Never mind the fact that the Tennessee State Legislature made it illegal to text and drive on Volunteer State roads back in 2009. In 2016, 24,743 crashes in Tennessee involved a distracted driver, and Davidson County was the scene of 2,861 distracted...

Nashville Good Samaritans Aid Victims of Fiery Truck Accident

04 September 2017

Nashville Residents Help Truck Accident Victims On Friday August 4, Nashville resident Damien Horne and several of his friends were on I-24 in Johnson County, Ill.—en route to the 77th annual Sturgis Motorcycle Rally—when Horne heard a succession of crashing sounds behind him. “I looked through the rear view mirror...

Wrongful Death Plaintiff

Case: Brittany Noel Nelson, et al v. Charles W. Myres, et al. Issue: Does a spouse get priority over a child in a wrongful death case where the spouse is alleged to be at fault? Facts: A woman died in an accident in which her husband was allegedly at fault,...

Writ of Error Coram Nobis

Case: Tommy Nunley v. State of Tennessee Issues: Is withholding of evidence grounds for coram nobis relief? When is a petition for coram nobis time-barred? Facts: Nunley was convicted of aggravated rape in 1998. In 2014, he filed a Post-Conviction petition asking for DNA evidence to be tested, which was...

Warrantless Search of Parolees and Probationers

Case: State of Tennessee v. Janet Michelle Stanfield, Tony Alan Winsett, and Justin Bradley Stanfield Issue: When can law enforcement do a warrantless search on probationers and parolees? Facts: A probationer, parolee, and another person lived in a house which was searched by police without a warrant. They were arrested...

Retroactivity of Constitutional Challenges to Criminal Statutes

Case: State of Tennessee v. Christopher Minor Issue: If a criminal law is found unconstitutional after trial, can the issue be raised for the first time on appeal? Facts: Defendant was convicted of various offenses, including the “criminal gang offenses enhancement statute.” Defendant did not challenge the constitutionality of the...

Health Care Liability Action Pre-Suit Notice

Case: Tiffine Wendalyn Gail Runions, et al. v. Jackson-Madison County General Hospital District, et al. Issue: What happens when pre-suit notice misidentifies the proper defendant, but the defendant receives the notice? Facts: The original Defendants filed a motion to dismiss alleging that they did not provide medical treatment to the...

Attempted Creation of Child Pornography

Case: State of Tennessee v. David Scott Hall Issue: Was the evidence sufficient to prove the Defendant attempted to produce child pornography where the victim was expected only to change clothes? Facts: The Victim testified that she found the Defendant’s video camera recording her in her bedroom. She had a...

Accrual of Civil Actions

Case: David R. Smith v. The Tennessee National Guard Issue: Did the case “accrue” upon discovery of injury, or upon creation of a legal remedy? Facts: In 2011, Smith separated from the Tennessee National Guard, alleging that he had suffered discriminated for taking an active duty position, in violation of...

MTA Bus Hits Pedestrian in Downtown Nashville Accident

24 August 2017

MTA Bus Accidents in Nashville Earlier this year, I wrote about an incident in which an MTA bus hit a 64-year-old woman and dragged her more than 50 yards at the intersection of Charlotte Avenue and 5th Avenue North in downtown Nashville. The Murfreesboro resident life suffered life-threatening injuries but...

Pedestrian Killed in Donelson Hit and Run Accident

17 August 2017

Hit and run accidents have become all-too-common in Nashville. On a Sunday night late last month, three co-workers from India who had traveled to the United States to attend an employer-sponsored training program were walking along Elm Hill Pike in Donelson when they were struck by a red Ford pickup...

Tennessee Statutory Rape Laws and Punishments

09 August 2017

The Statutory Rape Law in Tennessee We have all heard about the “age of consent.” That is the age at which a person is considered to be able to consent to sexual relations. The offense of statutory rape is essentially when sex would otherwise be considered “consensual” except for the...

Raybin & Weissman Files Lawsuit For Excessive Force in Taser Case

03 August 2017

Excessive Force Lawsuit Raybin & Weissman recently filed a federal lawsuit on behalf of their client alleging excessive force. The suit alleges that Cheatham County Sheriff Deputies repeatedly Tased their client while he was restrained in a restraint chair and unable to resist. After he was released from jail, their...

Distracted Driving Statistics Show Major Problem in Tennessee

26 July 2017

Distracted Driving in Tennessee on the Rise Eight years ago, the Tennessee State Legislature made it illegal to text and drive on Tennessee roads. But the law—codified in TN Code section 55-8-199—hasn’t reduced the number of distracted driving crashes in the Volunteer State. In fact, the number of distracted driving...

Raybin & Weissman Client Acquitted of Murder Charges

17 July 2017

Verdict: Not Guilty David Raybin and Ben Raybin obtained a full acquittal of their client Brandon Horton, who had been charged with First Degree Murder. The prosecution alleged that Mr. Horton shot and killed a fellow Tennessee State University student in 2015. The police had initially determined that the victim...

Man Found Not Guilty in 2015 MTSU Student’s Murder in West Nashville

12 July 2017

David Raybin’s expertise has helped save an innocent man from a murder conviction. Read about this case in WZTV’s article: https://fox17.com/news/local/man-found-not-guilty-in-2015-mtsu-students-murder-in-west-nashville

Tennessee Passes New Expungement Laws For 2017

14 June 2017

The Tennessee Legislature has passed three new laws regarding expungement in 2017. Expungements allow destruction of public records regarding a criminal charge or conviction. In my previous blog post you can read frequently asked questions about existing expungement laws in Tennessee. Multiple Convictions An existing law allows for expungement of certain...

What To Do If You Are in An Accident With A Drunk Driver

06 June 2017

Two of the most fun and exciting events of the summer will be happening this weekend. As you might guess, these two events are Bonnaroo and the CMA Fest. Fans come from across the state, country, and even the world to attend these world-renowned music festivals. You can find...

How to Stay Safe During Events in Downtown Nashville

03 June 2017

It’s an exciting time in Nashville and Middle Tennessee. We have some of the best events and celebrations in the country which brings together family and friends. Many of these are happening in downtown Nashville such as The Predators at Bridgestone Arena, concerts at Ascend Amphitheater and live music on...

Can Throwing a Catfish Get You Arrested at a Nashville Predators Game?

31 May 2017

We’ve now all heard about the Nashville Predators fan who was arrested for throwing a catfish on the ice during the Stanley Cup Finals game against the Penguins. Predators fans may be wondering whether the same act at a home game could land you behind bars in Nashville as well....

2-Year-Old Killed in Distracted Driving Truck Accident in Nashville

26 May 2017

Dump truck driver Shawn Gardner was driving west on I-440 around 9 a.m. on May 15 when he allegedly took his eyes off the road to look for items that had fallen onto the floorboard of his truck. According to police, with his eyes off the road, he rammed into...

Stop Texting and Driving Tennessee Scholarship Winner

22 May 2017

At Raybin & Weissman, we are extremely proud of our 2017 Stop Texting and Driving Scholarship winners. We had a number of amazing video entries, as students across the country created very effective PSAs which expressed the dangers of texting and driving. We cannot believe how powerful, creative and touching...

Can I Change Personal Injury Attorneys?

18 May 2017

From time to time I get a call from an individual who is dissatisfied with the representation they are receiving from their personal injury lawyer. Their most common question is: [Can I fire my personal injury attorney? ](/can-discharge-attorney/)The answer is yes, but switching attorneys has its challenges. Perhaps the most...

How to Not Get Arrested at Bonnaroo & CMA Fest

12 May 2017

Here in Middle Tennessee during the month of June, we are fortunate to host two of the most popular music festivals each year. Bonnaroo Music Festival in Manchester, Tennessee and the Country Music Festival right here in Nashville. A variety of people travel from all over for a long weekend...

Tractor Trailer Accident in Tennessee Leads To Emergency Hazmat Situation

11 May 2017

Imagine being woken up early in the morning by a phone call from emergency personnel. You are told there was a chemical spill, to stay inside, and close yourself off from outside air. In the cold darkness of an early morning in mid-December, that’s exactly what happened in Middle Tennessee as...

Stop Texting and Driving Davidson County Scholarship Winner

08 May 2017

At Raybin & Weissman, we are so proud of our 2017 Stop Texting and Driving Scholarship winners. These bright students created very effective video PSAs, which expressed the dangers of texting and driving. We are extremely impressed with the quality and creativity of all of the submissions we received. Choosing...

What Should You Pay Your Lawyer? – Don’t Overpay

04 May 2017

If you or a family member has been hurt in an accident in Nashville or elsewhere in Tennessee, you’re probably considering filing a lawsuit. The first question you likely need the answer to is: “How do attorneys get paid?” Or, more specifically, “How do Nashville personal injury attorneys get paid?”...

A Hit-And-Run Victim Was Left For Dead Near Centennial Park

24 April 2017

I recently learned of Jenn McCombs, who had fallen victim to a hit-and-run at the intersection of 28th Avenue and Poston Avenue while riding her bike near Centennial Park. An SUV had T-boned McCombs and knocked her off of her bicycle. The vehicle did not slow down and continued driving...

Enhanced Sentencing Notice

18 April 2017

Case: State v. Kevin Patterson Issue: What information must be specified in the State’s notice of intent to seek enhanced sentencing? Facts: Defendant was found guilty of attempted second degree murder. The State filed a document styled “Notice of Prior Convictions” stating that the State intended to seek to have...

Elderly Woman Hit and Dragged by Negligent MTA Bus Driver

13 April 2017

At a bus stop on Charlotte Avenue near the Music City Terminal a routine day turned into a nightmare. A 64-year-old woman stepped off the bus near the intersection of Charlotte Avenue and 5th Avenue. As she began to walk in front of the bus to cross 5th Avenue from...

Property Tax Relief for Elderly, Disabled Nashville Residents

07 April 2017

If you’re elderly, disabled, or a disabled veteran, you may have heard that it’s possible to receive property tax relief, thanks to a State of Tennessee program designed to minimize the tax burden on low-income Tennessee homeowners. What you’ve heard is true; if you apply and qualify, the state...

Will Contests

Case: In re Estate of J. Don Brock Issue: Do will Contestants have standing to challenge a will if they will not benefit if it is set aside? Facts: Contestants are five adopted children of Decedent. Decedent executed a 2013 Will explicitly disinheriting Contestants, which was submitted for probate. Contestants...

Termination of Parental Rights

Case: In re Jude D. Issue: Was there sufficient proof that termination of parental rights was in the child’s best interests? Facts: DCS placed Mother’s children in the custody of Foster Parents. The trial court found clear and convincing evidence that Mother committed severe child abuse against children while in...

Stock Valuation

Case: Athlon Sports Comm. v. Stephen Duggan Issue: Is the Delaware Block Method the proper way to value shares of stocks? Facts: Athlon completed a merger which converted the minority dissenting shareholders’ shares into cash consideration and terminated their rights as shareholders. Athlon offered cash consideration for the shares at...

Divorce Injunctions

Case: Rose Coleman v. Bryan Olson Issue: What is the remedy when a spouse violates the automatic injunction resulting from a divorce petition? Facts: Shortly after a divorce was filed, Wife changed her life insurance beneficiary from Husband to her mother, in violation of the automatic injunction pursuant to TCA...

My Personal Injury Case: How Long Will it Take and How Much Will it Cost?

16 March 2017

If you have been in an accident caused by someone else, you have lots of questions about whether or not you have a case, how to hire an attorney and how to pursue a personal injury case. After you decide that you do indeed have a case, you have identified...

5 Mistakes to Avoid When Hiring a Nashville Accident Lawyer

06 March 2017

After you’ve been in a vehicle accident the unsolicited advice begins to pour in. What you should tell the insurance company, whether you should call a Nashville accident lawyer, which lawyer you should call, whether you should see a doctor, how much your case is worth, whether you should settle....

Improving Davidson County’s Worst Intersections: Estes Road Site

27 February 2017

(This article is Part 3 of a 3 part series of articles on the 15 most dangerous intersections undergoing major improvements in Davidson County. Click here to read Part 1. And click here to read Part 2.) Improving Davidson County’s worst intersections includes paying serious attention to Estes Road in Green...

The Real Cost of Speeding in Tennessee

20 February 2017

A recent car accident in Antioch has made me think lately about the costs of speeding. According to the Tennessean, on April 19th, a Nashville driver was operating his vehicle reckless on Bell Rd. He sped through a red light at the Blue Hole Road and Bell Road intersection causing...

2017: Distracted Driving Crashes on the Rise in Nashville, TN

08 February 2017

Distracted Driving Crashes on the Rise in Nashville, State of Tennessee Late last month, the Tennessee Department of Transportation (TDOT) began accepting entries for its third annual Safety Message Contest, offering drivers the opportunity to craft the safety messages that appear on the Dynamic Message Signs above I-65 and the...

How to Pick a Lawyer When You’re in a Car Accident

01 February 2017

You are driving down the road, you stop at a red light, you think about all the things you want to accomplish today, and then BAM! You hear the thud, you shake forward and back and you are a little in shock. You gather your composure and then realize that...

Good Faith Exception for Search Warrants

24 January 2017

Cases: State v. Lindsey Lowe and State v. Angela Daniel Issue: When does the Exclusionary Rule Reform Act permit mistakes in the issuance and serving of search warrants? Facts: Both of these unrelated cases contain errors relating to search warrants. In Lowe, the warrant stated the time as “p.m.” instead...

Insurance Options: What Victims of Car Wrecks in Tennessee Should Know

19 January 2017

“I was involved in an accident with a driver who does not have insurance.” Many times we have clients come in the office and they are involved in a motor vehicle accident where the person who caused the accident does not have car insurance. Naturally, this causes my clients to...

Improving Davidson County’s Worst Intersections: Changes in Antioch

13 January 2017

(This article is Part 2 of a 3 part series of articles on the 15 most dangerous intersections undergoing major improvements in Davidson County. Click here to read Part 1.) Two busy Antioch intersections and another three in South Nashville are among the most dangerous intersections the city has targeted...

5 Things To Do If You Are Involved In A Car Accident

11 January 2017

While it is obvious how important it is to be safe on the road, sometimes life gets in the way. During the hustle and bustle of our everyday routine, sometimes we put our car on autopilot and are not as careful as we should be. Practice Road Safety You are...

FAQ: Expungement of Tennessee Convictions

28 December 2016

Many people with a prior criminal record contact us with questions about having their record expunged, which is a legal procedure that removes a conviction from your record. Unfortunately, Tennessee laws put many restrictions on who can obtain an expungement, but there are a few circumstances in which people can...

Why You Need Uninsured Motorist Coverage

23 December 2016

“I have full coverage.” You understand the value of purchasing insurance, you want proper coverage. You think you have it. Then you get in an accident and you find out you weren’t properly insured at all- typically through no fault of your own. Why? Because, based on my experience, about...

Theft of Real Property

22 December 2016

Case: State of Tennessee v. Tabitha Gentry, aka Abka Re Bay Issue: Does a person commit theft by occupying a house and preventing entry by the owner? Facts: The Defendant occupied a vacant house that was in the process of being sold by a bank following foreclosure. The Defendant put...

Severances, Transferred Intent, and Double Jeopardy

22 December 2016

Case: State of Tennessee v. Lajuan Harbison Issues: (1) When should co-defendants have separate trials? (2) Can transferred intent support a voluntary manslaughter conviction? (3) Can a person receive multiple convictions for employing a firearm during a single criminal episode? Facts: Defendant was convicted of four counts of voluntary manslaughter...

Tax Overpayment Refund

Case: Chuck’s Package Store et al. v. City of Morristown Issue: Must a taxpayer pay “under protest” in order to later challenge overpayment? Facts: Six liquor Stores sued the City to refund a portion of inspection fees that had been erroneously calculated by the City. Since the Stores were unaware...

Self-Defense

Case: State of Tennessee v. Antoine Perrier Issues: Should the trial court or jury determine whether the defendant was “engaged in unlawful activity” in a self-defense case? What is the proper interpretation of that phrase? Facts: The defendant argued self-defense. The trial court read the pattern jury instruction stating that...

Legal Malpractice Statute of Limitations

Case: John Howard Story et al. v. Nicholas D. Bunstein et al. Issue: When does a legal malpractice claim accrue? Facts: Attorneys represented Clients in an underlying lawsuit against two defendants. One defendant was dismissed by the court, and the second defendant was later dismissed via voluntary nonsuit. After the...

Alternative Sentencing

Case: State of Tennessee v. Kevin E. Trent Issue: Did the trial court err in rejecting alternative sentencing? Facts: Defendant entered into a plea agreement to vehicular homicide by intoxication for an eight year sentence with the manner of sentence to be determined by the trial court. The court denied...

Improving Davidson County’s Worst Intersections: Madison to Undergo Changes

12 December 2016

(This article is Part 1 of a 3 part series of articles on the most dangerous intersections undergoing major improvements in Davidson County.) Madison is home to four of Davidson County’s 15 most dangerous intersections as identified by Mayor Megan Barry’s infrastructure plan to make them safer. One of the...

Elderly Woman Killed in Own Living Room by Drunk Driver

01 December 2016

Bobbie Ann Lafollette was described by her family as a kind, loving, Christian woman who was a mother, grandmother, sister, and friend to countless people she came across during her life. It was early Monday morning when Ms. Lafollette, sleeping in her own home, was instantly killed by a drunk...

Frequently Asked Questions After a Car Wreck

24 November 2016

In almost every initial meeting with clients, we are asked some of the same questions. We have compiled a list of frequently asked questions and answered them below: 1. Who pays for my medical expenses? When you are involved in an automobile accident, you will inevitably incur medical expenses and...

Checking Child Safety Seats for Proper Installation Saves Lives

17 November 2016

Any life lost in a vehicle accident is horrible but the loss of toddler or baby is especially tragic. I urge everyone in Greater Nashville to make sure they use child car restraints properly each and every time they get behind the wheel. As the cold weather season approaches, be...

Proud to be Recognized as One the Nation’s Best Law Firms

10 November 2016

You know we don’t like to toot our own horn. At our firm, the best recognition comes from the people we represent: mothers, fathers, sisters, students, public servants, professionals – all of the people who pay their dues and are working hard to do right by their families and their...

Aggravated Robbery

01 November 2016

Case: State of Tennessee v. Antonio Henderson and Marvin Dickerson Issue: May a defendant argue during closing argument that an offense was not aggravated robbery because the injury occurred after the taking of property? Facts: Defendant allegedly demanded the possessions of the victims, who complied. Then, one of the victims...

Personal Injury Medical Expenses

25 October 2016

Case: Jean Dedmon v. Debbie Steelman, et al. Issue: What medical expenses may be offered at trial where a hospital accepts payment less than the originally-billed amount? Facts: Personal injury Plaintiffs submitted expert testimony of the billed medical expenses to establish the reasonableness of their claimed medical expenses. Defendants argued...

Collection of Deficiency Judgments

25 October 2016

Case: Regions Bank v. Thomas D. Thomas, et al. Issue: When is a lender entitled to a deficiency judgment after failing to comply with the commercial code’s collection requirements? Facts: Borrower defaulted on loan. Bank accelerated the loan and sued loan’s guarantor. Bank sold collateral securing the loan, then sought...

After You’ve Been in a Car Accident in Nashville

24 October 2016

I had a conversation with a potential client in Nashville this morning who said something that I hear all too often. She said, “I thought I could handle this with the adjuster directly, but I realize I cannot.” She then went on to tell me about the difficulty and the...

Fatigued Trucking Accident Causes 8-Vehicle Crash in Nashville

17 October 2016

Recently, a FedEx truck driver crashed on I-24 West causing multiple injuries. When I learned about this horrific accident, I immediately thought about the safety of Tennesseans who regularly use our roadways for commuting to work or visiting loved ones. According to reports from News Channel 5 and WKRN, the...

Bike Rider in Berry Hill Injured in Crash With SUV

11 October 2016

Nashville has seen a substantial amount of growth over the past five years. With this increase in population, traffic and parking have become a problem in our community. One solution to this problem is to forgo driving your motor vehicle and hop on a bike instead. Some areas, near Belmont...

TDOT Worker’s Tragic Death Calls Attention to TN’s Move Over Law

03 October 2016

It’s hard to forget the fatal 18-wheeler collision that took the life of 65-year-old TDOT technician David Younger in late April. According to the reports I read from WKRN, the accident took place around 9:40AM, Thursday, April 28th when a TDOT crew took three emergency vehicles down I-40 to respond to...

Victims of Crime Now Allowed To Sue without the Necessity of Re-Litigating the Facts of the Case

29 September 2016

Victims of crime have long been allowed to sue the criminal in a civil suit to gain compensation directly from the criminal. However, until now, the victim had to re-present the entire criminal case in the civil litigation. Even though a criminal case has to be proven beyond a reasonable...

Wrongful Death Claims When Child Support is Owed

Case: Kenneth M. Spires et al v. Haley Reece Simpson et al. Issue: Can a surviving spouse who owes child support commence and maintain a wrongful death action? Facts: Husband and Wife had a Child together. Wife was killed in a car accident. Husband sued on behalf of Wife and...

Wrongful Death Statute of Limitations

Case: Linda Beard v. James William Branson, et al. Issue: Does a pro se complaint filed by the decedent’s surviving spouse toll the wrongful death statute of limitations? Facts: Surviving spouse filed a pro se wrongful death action within the statute of limitations. An attorney then filed an amended complaint...

Marital Property

Case: In re Estate of Calvert Hugh Fletcher Issue: Do funds invested from marital property by one spouse remain marital property? Facts: Decedent owned a certificate of deposit before dying. Wife alleged that the funds were derived from a joint marital account, they should have been impressed as entireties property....

Administrative Appeals

Case: Tennessee Department of Correction v. David Pressley Issue: Does the State or the Employee have the burden of proof in an administrative employment appeal? Facts: State Employee filed administrative appeal challenging his termination. The Board of Appeals, putting the burden of proof on the State, reduced his termination to...

Check Your Firearms At Home Before Heading to the Airport

27 September 2016

In 2015, 59 people were found taking firearms into Nashville International Airport (BNA), the sixth most of any airport. Presumably, none of these people were planning to hijack the plane or commit any other kind of crime. It is easy to forget a firearm in your bag when rushing to...

More Truck Drivers Overworked in TN Because of Gas Shortage

26 September 2016

Just recently, Governor Bill Haslam declared a state of emergency in response to a pipeline burst, which leaked more than 6,000 barrels of gasoline down in Alabama. This pipeline is the major source of gas to Nashville and several other cities in the Southeastern United States. When I read that...

Trustee Authority to Arbitrate

Case: Alexis Breanna Gladden v. Cumberland Trust and Investment Company et al. Issue: Does the signature of a trustee on an investment account agreeing to arbitration bind a minor beneficiary? Facts: A trust agreement created for a disabled minor provided that the trustee can settle any claims by arbitration. The...

Repairman’s Lien

Case: Embraer Aircraft Maintenance Serv., Inc, v, Aerocentry Corp., No. 3:13-cv-00059 (M.D.T.N). Issues: May a repairman’s lien arising under Tenn. Code Ann. § 66-19-101 be enforced by a method other than attachment of the lien-subject property itself? Under what circumstances, if any, may a court attach the proceeds of the...

Preemption of Employer Negligence by Vicarious Liability

Case: Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al. Issue: Does an employer’s admission of vicarious liability preempt claims for direct employer negligence? Facts: Plaintiff was hit by a van driven by an Employee of Defendant Company. Plaintiff sued for negligence against the...

Jury Deliberations

Case: State of Tennessee v. Susan Jo Walls Issue: When may a jury be allowed to deliberate into late night hours? Facts: The Defendant was hospitalized with a medical emergency shortly before jury instructions. Over defense counsel’s objection to adjourn until the next day, the court elected to wait for...

Judge-Elect GTLA Liability

Case: Judith Moore-Pennoyer v. State of Tennessee, et al. Issue: Does a judge-elect (who has not yet assumed office) act as a “state officer or employee” for purposes of the Government Tort Liability Act? Facts: A judge-elect told the incumbent judicial assistant that her services were no longer needed, and...

Identity of Criminal Offenses

Case: State of Tennessee v. Christopher Scottie Itzol-Deleon Issue: When should criminal offenses be merged? Facts: The victim testified that the Defendant removed her pajama pants while she was facing away from him and that she felt something on her back, which she assumed was his “private part.” She clarified...

Ecclesiastical Abstention

Case: Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al. Issue: When does the Ecclesiastical Abstention doctrine apply in church property disputes? Facts: A hierarchical church filed a complaint against one of its local churches, seeking an order establishing the hierarchical church’s control over...

Can Signing Your Name to a Lease or Contract in Your Corporate Capacity Still Subject You to Personal Liability?

04 September 2016

Convention wisdom is that if you add your company name to your signature then only the company is bound by the terms of the legal document if you and your company are sued for failure to perform. Not always, says the Tennessee Supreme Court. In MLG Enterprises, LLC v. Richard...

2016 Texting and Driving Scholarship National Winner

01 September 2016

We at Raybin & Weissman are so proud of our 2016 Texting and Driving Video Scholarship winners. These bright students created very effective Public Service Announcements (PSAs), which expressed the dangers of texting and driving. We could not believe how powerful, creative and touching the videos that we received were....

7 Year Old Boy Killed In Distracted Driving Crash In Brentwood

29 July 2016

Hayes Springer’s birthday was just around the corner. He would have been going into the second grade at Scales Elementary School. Instead of balloons and a birthday party at the Springer’s on June 16th, Hayes birthday, there were blue ribbons in the front yard to commemorate a life taken away...

The University of Tennessee Rape Case – A Civil Perspective

27 July 2016

(photo courtesy of Wikipedia) It seems at present we live in a world where our college campuses are out of control. As I have written on this blog in the past, I am the father of teenage girls. I have sent one off to college and the other is not...

Order of Protection Notice

14 July 2016

Case: State of Tennessee v. Rodney Stephens Issue: How much “notice” of a protective order must a respondent be given to be guilty of aggravated stalking when the person is “under” an order of protection or restraining order? Facts: Defendant “stalked” his wife who had obtained an order of protection...

Med-Mal Pre-suit Notice

14 July 2016

Case: Deborah Bray v. Radwan R. Khuri, MD Issue: Did the medical release comply with HIPAA? Facts: Plaintiff sent Defendant a “Notice of Potential Claim for Medical Malpractice” letter and “Authorization to Disclose Health Information.” Defendant moved to dismiss on the basis that Plaintiff failed to comply with the statute...

Ashley F. Galmish Honored as President Appointed Young Lawyers

14 July 2016

We at Raybin and Weissman congratulate Ashley F. Galmish on her recognition as one of three President Appointed Young Lawyers. The newly elected 2016-2017 president of the Tennessee Trial Lawyers Association (formerly Tennessee Association for Justice), Thomas Greer, honored Ashley in June at the TTLA Annual Convention for her success...

2016 Texting and Driving Scholarship Winner Davidson County

08 July 2016

At Raybin & Weissman, we are so proud of our 2016 Stop Texting and Driving Scholarship winners. These bright students created very effective PSAs, which expressed the dangers of texting and driving. We could not believe how powerful, creative and touching the videos that we received were. Choosing winners was...

Texting and Driving Scholarship “Distracted” Video – Honorable Mention

01 July 2016

Our 2nd Annual Texting and Driving Scholarship competition has come to a close. We asked students to create short PSAs on the dangers of texting and driving. We could not believe how powerful, creative and touching the videos entries were. We’ve selected and awarded our three scholarship winners but we...

Hit and Run Accidents are on the Rise, Even in Nashville!

10 June 2016

Luo Lang, a 44-year old Nashville woman, sustained critical injuries after she was struck by a hit and run driver while walking on I440 East near the Richardson Avenue Overpass. According to WKRN News, the car that struck Lang slowed down for just a moment before speeding away. A police...

Why Doesn’t Your Child’s School Bus Have Seat Belts?

02 June 2016

It is very strange. We all know the law regarding automobiles is absolute with regard to seat belts. We’ve all seen the commercial “click it or ticket.” Unfortunately, we’ve all seen the tragedies that result when people don’t use seat belts. That being the case, why is it then that...

Paternity in Wrongful Death Case

17 May 2016

Case: Derrick Hussey, et al. v. Michael Woods, et al. Issue: How should paternity be decided to determine proper plaintiff in wrongful death case? Facts: Mother gave birth to Child out of wedlock. Putative Father executed a Voluntary Acknowledgement of Paternity. Putative father died, and his mother filed and settled...

David Raybin Deemed Best of the Bar by Nashville Business Journal

02 May 2016

We are proud to announce that the Nashville Business Journal has acknowledged our partner, David Raybin, in their 2016 Best of the Bar list for his achievements in “Litigation and Dispute.” Congratulations, David! Each year, Nashville Business Journal recognizes Middle Tennessee’s leading lawyers and corporate counselors in their Best...

Consecutive Sentencing

20 April 2016

Case: State of Tennessee v. Walter H. Webb Issue: How should sentencing courts apply the “dangerous offender” sentencing factor? Facts: Defendant’s sentences were ordered to run consecutively, in part because the trial court found Defendant a “dangerous offender” pursuant to T.C.A. § 40-35-115(b)(4). Appellate Decision: The trial court affirmed the sentence. The...

Causation and Summary Judgment

12 April 2016

Case: Ewin B. Jenkins et al v. Big City Remodeling et al. Issue: How much evidence of causation must a plaintiff produce to survive summary judgment? Facts: Owners hired Contractor to build a house, which hired Subcontractor to finish the stain on the floors. Shortly before completion, the house burned...

Attorney Fees on Appeal

12 April 2016

Case: Elizabeth Eberbach v. Christopher Eberbach Issue: When should attorney fees be granted on appeal? Facts: Following their divorce, Father claimed he is not responsible for children’s medical expenses because Mother failed to timely send him copies of the bills. The trial court held in favor of Mother upon finding...

Return of Seized Property in Criminal Cases

06 April 2016

Case: State of Tennessee v. Ray Rowland Issue: How should a defendant reclaim property that may be improperly seized? Facts: Defendant was arrested after shooting a firearm towards someone. Police seized several firearms from his house. Defendant pled guilty, and then later filed a Rule 41(g) motion for return of...

Election Dispute

06 April 2016

Case: William Thomas McFarland v. Michael S. Pemberton et al Issue: What is the proper procedure for challenging a candidate’s residency qualifications? Facts: William McFarland and Michael Pemberton were the only candidates in a judicial election. An eligible voter filed a complaint with the local election commission challenging Pemberton’s eligibility,...

Child Custody

06 April 2016

Case: Cassidy Lynne Aragon v. Reynaldo Manuel Aragon Issue: What is a “reasonable purpose” for custodial parent relocation? Facts: Father petitioned to relocate to Arizona for an employment opportunity. Mother opposed on the basis that the proposed move served no “reasonable purpose” pursuant to Tenn. Code Ann. § 36-6-108. The...

How Can You Defend Those People

05 March 2016

By David Raybin “How can you defend those people?” This is a question every criminal defense attorney has heard. I respond by asking what should I do if your son or daughter is one of “those people?” Folks have a hard time with that reply and the conversation dissolves into...

Trucking Accidents: What You Need To Know

09 February 2016

Here in Nashville, three of our main interstate routes, I-24, I-40, and I-65, are amongst the most heavily traveled by semi-trailer trucks. There is a constant flow of these large, dangerous, vehicles using these roads to travel the country. These trucks are constantly passing through our most heavily traveled areas,...

Liability Waivers- Can a Child Sue If Parent Signs A Waiver

06 February 2016

Have you ever taken your minor child somewhere fun, the skating rink, the bounce house, the rock climbing wall? Of course. Have you ever been handed a clipboard, given some papers and told to sign?- Yes. Did you know you were signing a waiver in the event your child gets...

Employers Liable For Employee’s Negligent Actions

28 December 2015

Suppose you or someone you know has been involved in an accident with someone because of that person’s negligence. The basic assumption for the majority of people would be to sue this individual for damages as a result of the accident. However, there could be a twist that you or...

How Not To Get Arrested: Self-Defense Techniques to Teach Your Children

24 December 2015

When young people are arrested the parents always say: “Mr. Raybin….my child is a good kid.” Please don’t call me up and say: “Mr. Raybin…he’s a good kid.” I’ll say, “Look, he is a kid that doesn’t understand consequences.” Where do you start? BEGIN WITH THE LAW. What? THE...

Downtown Nashville B-Cycle Rental

14 December 2015

I was walking downtown Nashville on Church Street the other day and noticed all of the bicycle racks with available rental bikes. The first thought that came to my mind was this might not be the best idea. That being the case, I decided to look into it a little...

Meet the Press: Dealing with the Media in High Profile Cases

10 December 2015

“In the context of judicial proceedings, an attorney’s First Amendment rights are not without limits. Although litigants and lawyers do not check their First Amendment rights at the courthouse door, those rights are often subordinated to other interests inherent in the judicial setting.” Pretrial publicity is often seen as a...

Move Over Law in Tennessee

15 November 2015

One of Tennessee’s most important rules of the road regarding safety is also one if its least known. Specifically this is the Move Over Law. This is the law that requires a driver to move his vehicle into an adjacent lane of traffic, or slow down if moving over is...

TN Seat Belt Laws For Kids Save Lives

06 November 2015

Many of us have or have had at some point in our lives the responsibility of caring for a young child. To ensure we fulfill this incredible responsibility, we take a great many precautions every day to provide for the safety and well- being of our most prized loved one....

Don’t Drive Sleepy or Tired

18 October 2015

I know it seems as though I have written blogs on all the things that we, as drivers, should not do while driving a vehicle. Texting and Driving, Drinking and Driving, and so on… However, one thing many of us never consider is driving while tired. Dog tired? Don’t drive!...

Warrantless Search of Residence

Case: State of Tennessee v. James Robert Christensen, Jr. Issue: Did officers need a search warrant to enter the property bearing a “no trespassing” sign while investigating an active meth lab? Facts: Law enforcement went to Defendant’s residence on suspicion that he was producing methamphetamine. Officers testified they smelled an...

Sexual Exploitation of a Minor

Case: State of Tennessee v. Thomas William Whited Issue: Does the term “sexual activity” in the Sexual Exploitation statute encompass bathroom usage when a person records someone engaging in normal bathroom activities? Facts: Defendant was convicted of Sexual Exploitation of a Minor (among other things) after secretly recording minors using...

Community Caretaking Police Function

Case: State of Tennessee v. Kenneth McCormick Issue: Can the police seize and detain citizens when acting as a “community caretaker”? Facts: Officer saw Defendant parked in a parking lot late at night, with one wheel partially in the roadway. Officer parked in the roadway behind the vehicle and turned...

Civil Collateral Estoppel From Criminal Conviction

Case: Ms. Bowen, et al v. William E. Arnold, Jr. Issue: Does a criminal conviction collaterally estop a civil defendant from a defense on the merits in a civil case regarding the same conduct? Facts: Defendant was prosecuted and sued for the same conduct against Plaintiff. After Defendant was convicted...

Texting & Driving: Can the Sender of a Text be Liable Too?

28 September 2015

As I have commented on many times in this site,texting and driving is a hazard that needs to stop. I have covered a variety of different thoughts on this issue. That being said, I want to comment on an aspect that most people probably have not thought about- specifically what...

Tennessee Teacher Tenure Act

23 September 2015

Case: Emory v. Board of Education Issue: What is the remedy when a School Board fails to conduct a tenured teacher’s termination hearing within the time mandated by the statute? Facts: Teacher, who had tenure, requested a hearing before the School Board to challenge her pending termination. Although the Tenure...

City Of Cranes: Nashville’s Construction Zones & Safety Laws

08 September 2015

It is no secret that Nashville is growing at an unprecedented rate. Everywhere you look there is some type of construction or new building project going on. Whether it is road construction or a new high rise going up downtown, this much is clear- Nashville is booming. Construction Cranes: A...

National Texting and Driving Scholarship Winning Essay

02 September 2015

Earlier this year, my firm and I set out to make a difference in the fight against texting and driving by offering a scholarship for texting and driving essays. Over 5,000 high school and college students took the time to answer our essay prompt: “If you had to convince just...

Uninsured Motorist Coverage

19 August 2015

Case: Edward Martin v. Gregory Powers, et al Issue: Does an Uninsured Motorist Policy cover an accident caused by a rental car, when the rental company is self-insured yet exempt from liability? Facts: Plaintiff was injured by driver in a rental vehicle, and sought his policy’s uninsured motorist coverage. Plaintiff’s...

Can “Pocket Dial” Calls be Recorded?

19 August 2015

Many of us have made, and received, a “pocket dial” call in which a phone number is accidentally dialed. Normally there is not much to listen to. But what if an entire conversation is heard (or even recorded) on the other end? What happens if your pocket dial is recorded?...

Davidson County Texting and Driving Scholarship Winning Essay

04 August 2015

In the fight against texting and driving, teenagers are on the front lines. Public and private organizations have spent millions of dollars to arm them with facts about the dangers of texting and driving. I’m passionate about making a difference so my firm and I created an annual scholarship contest...

Tennessee Association of Criminal Defense Lawyers Letter to the Governor

29 July 2015

David Raybin drafted the July 29, 2015 letter which TACDL sent to the Chair and Members of the Governor’s Task Force which will have its final meeting in Nashville on August 6, 2015. The Governor’s Task Force is considering recommendations for the first major revision of our sentencing laws in...

What is a Social Security Disability Lawyer’s Cost?

10 July 2015

Social Security attorneys are paid on a contingent basis. If we don’t win your case, you don’t pay- it’s as simple as that. So how much is the cost of an SSDI lawyer, once you win? The Social Security Administration has determined that an attorney who prevails on a case...

Williamson County Texting and Driving Scholarship Winning Essay

07 July 2015

I am very pleased to announce the winner of the Williamson County Stop Texting and Driving Scholarship- Travis Burhart. As you know if you have read my blog posts on this web site in the past, I have become passionate in my desire to eliminate texting and driving. As a...

Planning Safe & Successful Summer Road-Trips

26 June 2015

The kids are out of school, the days are warmer and longer, and it just feels right to take a little summer trip. It’s time to head to the mountains, the grandparents, or the beach. One of the great things about Middle Tennessee is that we don’t need to fly...

Traffic Laws for Tennessee Visitors

22 June 2015

With the summer months upon us and the constant travel interstate in Tennessee, it is worthwhile for all visitors entering the state to be made aware of some of the most important laws of the state. This awareness will ensure all visitors time in the volunteer state, whether short or...

Stick to your Guns: Can You Lose Your Firearm Rights in a Divorce Case?

16 June 2015

Can you lose your gun rights in a divorce case? It is certainly possible. Persons subject to domestic relations civil injunctions or orders may lose their firearm rights even where the order says nothing about firearms. Whether the loss is permanent or only temporary depends on the language...

Texting and Driving – IT CAN WAIT!

15 June 2015

How many times a day do you pick up your phone while you’re driving to read or send a text? Can you honestly say that you have never once been guilty of doing this? No, you cannot. The ugly truth is that most of us, if not all of us...

The Pinheads Strike Twice at the Little Bowl for Kids’ Sake Fundraiser

05 June 2015

The firm would like to congratulate Ashley F. Galmish who spearheaded our team, The Pinheads, for the Lawyers for Little Bowl for Kids’ Sake fundraiser last night at the AMF Pla Mor Bowling Lanes. Pictured back to front, left to right-Bonnie Anderson, Ashley F. Galmish, Coleen Eslinger, David Raybin, David...

Utility Charge Challenges

Case: American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee Issue: Is local Water Authority subject to private cause of action for allegedly unjust charges? Facts: Plaintiff Apartment Complex sued Defendant Water Authority over the amount of a monthly flat charge for sewer...

Traffic Stop Suppression

Case: State of Tennessee v. Linzey Danielle Smith State of Tennessee v. William Whitlow Davis, Jr. Issue: Does driving over the fog line justify a stop of the vehicle? Facts: In these consolidated cases, the Defendants were arrested for DUI after being stopped for crossing over the fog line a...

Challenging a Conviction After the Sentence has Expired

Cases: State v. Adrian R. Brown and State v. James D. Wooden Issue: May a conviction may be challenged after the sentence has expired? Facts: In State v. Brown, Mr. Brown was convicted of a drug offense which was apparently used to enhance his sentence in a federal case. He...

Defective Indictment and Lesser-Included Offenses

Case: State of Tennessee v. Rhakim Martin Issues: Must an indictment specify a particular predicate felony? Did the trial court commit plain error in failing to instruct the jury on a charge that was not deemed to be a lesser-included offense until after the trial? Facts: Defendant was convicted of...

Corporate Shareholder Standing

Case: In Re: Estate of Edward Stephen McRedmond Issue: Do shareholders of a corporation have standing to seek damages for alleged corporate losses or to seek an injunction? Facts: The case involves a long standing dispute among ten siblings with respect to a family business. After years of litigation, the...

7 Important Summer Water Safety Tips

It is that time of year again…time to fire up the Bar-B-Q, let down that convertible top, pull out the shorts and sandals, and travel to the lake for some fun in the sun. That’s right..it’s summer time in Tennessee. One of the best things about summer time in middle...

What You Need To Know About UBER & Car Accidents

15 May 2015

UBER is quickly growing to be the most reliable car service in the country. Its accessibility and reliability has spread nationwide. The quality, convenience and efficiency of the organization presents an outstanding alternative to the taxi cab. Based on personal experience, UBER appears to be a great company featuring clean...

Lesser-Included Offenses

24 April 2015

Case: Rashe Moore v. State of Tennessee Issue: Should the trial court have instructed on the lesser-included offense of Aggravated Kidnapping, where the Defendant was tried for Especially Aggravated Kidnapping for holding victims at gunpoint? Facts: Defendant was tried for multiple counts of Especially Aggravated Kidnapping (among other offenses) after...

Do You Ever Turn Down Cases?

23 April 2015

First, lets get to know each other I am frequently asked if I ever turn down cases. The short answer is yes, even if it is a case I believe has financial value. The reason I do so is that I need to make sure we are a good fit for...

Is My Attorney Doing A Good Job?

21 April 2015

One of the primary benefits in hiring an attorney is being freed up to focus on getting better. You want, and should be able, to turn the legal mess over to the professional. That being said, unfortunately, sometimes it doesn’t work that way. On the one hand, it is perfectly...

How Long Does It Take To Get A Social Security Settlement?

10 April 2015

The pursuit of Social Security Disability Benefits is a long, slow process. Typically it takes close to two years from the date you start. Typically it’s A 3 Step Process With almost every case, it takes time to get a Social Security settlement. There are three steps to obtain benefits....

Time to Take A Stand On Texting & Driving

16 March 2015

As I have discussed many times, texting and driving is an inherently very dangerous act. As a parent to teenagers and as a person who drives a long way every day, trying to end this plague is a passion of mine. Ending Texting & Driving In light of same, I...

Letters of Support in Criminal Sentencing Hearings

14 March 2015

Letters relevant to punishment are allowed in sentencing hearings in state and federal court. Gathering letters of support is a good thing for your client’s family to do, but they often do not know how to go about it. Here is an example of guidance I provided in a recent...

Ben Raybin’s Client Prevails in TN Supreme Court Case

09 March 2015

The Tennessee Supreme Court has held in favor of a man represented by attorney Ben Raybin, who argued that the State failed to follow proper procedure in seizing property. Tennessee’s civil forfeiture statutes allow the State to obtain forfeiture of property “used in the commission” of certain crimes, including possession...

Marital Dissolution Agreements

Case: Guy Hawkins v. Diana Le-Hawkins Issues: Can a Marital Dissolution Agreement be enforced if it was filed in regards to a legal separation rather than a pending divorce? Is a divorce valid in light of a challenge to an MDA? Facts: Husband and Wife entered into an MDA while...

Health Care Liability Act

Case: Adam Ellithorpe, et al v. Janet Weismark Issue: What is the proper standard for determining whether all, or part, of a complaint is subject to the Health Care Liability Act’s pre-suit notice requirements? Facts: Parents alleged that Social Worker provider counseling services to child without Parents’ consent, and brought...

Relief from Execution for Intellectually Disabled

Case: Pervis Tyrone Payne v. State of Tennessee Issues: The Supreme Court’s order granting review identified the following issues: (1) the appropriate remedy for an intellectual disability claim under these circumstances if coram nobis relief is not available; and (2) the relevance, if any, of the holding in Van Tran...

Defective Indictment

Case: State of Tennessee v. Willie Duncan Issue: Must an indictment specify a predicate felony for a charge of employing a firearm during the commission of a dangerous felony? Facts: Defendant was indicted for (1) aggravated burglary, (2) especially aggravated kidnapping with a deadly weapon, and (3) employing a firearm...

What Is The First Thing An Attorney Should Do?

26 January 2015

A good attorney will do the following: A good attorney will make an instant connection with you. Establish channels of communication that will make you comfortable. They will make you feel confident. In establishing that relationship right up front, you will know you have a partner to get you through...

Zoning Appeal

23 January 2015

Case: Metro v. The Board of Zoning Appeals Issue: Can a city challenge a zoning determination with a writ of certiorari? Facts: A billboard company applied to Metro Codes for permits. When the applications were denied, the company appealed to the Board of Zoning Appeals, which reversed the initial decision...

Motion to Dismiss in Securities Fraud Case

23 January 2015

Case: First Community Bank, N.A. v. First Tennessee Bank, N.A., et al. Issue: Did the Complaint alleging securities fraud sufficiently plead claims for which relief can be granted? Facts: Plaintiff purchased asset-based securities that turned out to be unmarketable. Plaintiff then sued Defendants for fraud and negligent misrepresentation of the...

Election of Offenses

23 January 2015

Case: State of Tennessee v. Jimmy Dale Qualls Issue: Was the State’s election of offenses sufficiently specific? Facts: Defendant was convicted of abusing his two daughters over a lengthy period of time. The case was reversed the first time for failure of the State to properly elect which facts fit...

Are Credentials Important?

12 January 2015

Credentials Are Earned Through Experience You have heard that “experience is the best teacher.” That is true- there is no substitute for experience. After twenty five years of trying cases, I cannot imagine encountering a scenario I have not previously dealt with. It is absolutely essential that you select an...

How Do Attorneys Get Paid?

08 January 2015

When deciding whether to retain an attorney, one of the most important pieces of information you need is what is this going to cost me. Unlike most attorneys who bill by the hour, personal injury attorneys charge contingent fees. This means I get paid a percentage of your recovery. While this...

Remittitur of Damages

29 December 2014

Case: Donreil A. Borne v. Celadon Trucking Services, Inc. Issue: Whether, and to what extent, a suggestion of remittitur is appropriate for loss of enjoyment of life damages. Facts: Plaintiff prevailed in a motor vehicle accident trial and was awarded, among other things, $750,000 in damages for loss of enjoyment...

Real Property Dispute

29 December 2014

Case: Arthur B. Roberts et al. v. Robert Bailey et al. Issue: Can a party acquire title by prescription where another party with a legal interest previously lacked notice of their potential interest? Facts: The Baileys maintained exclusive and uninterrupted possession of the Disputed Property for decades. In 2009, a...

Access to Counsel

29 December 2014

Case: State of Tennessee v. Michael Smith Issue: Is a defendant deprived of due process rights by being required to sit behind counsel table? Facts: The Defendant challenges Rule 8.05 of the Rules of Practice and Procedure for Shelby County Criminal Court. The Rule states “[w]here space is available and...

Workers Compensation Discrimination

Case: Kighwauda M. Yardley v. Hospital Housekeeping Systems, LLC., 3:13-cv-00622, U.S. District Court of the Middle District of Tennessee. Issues: (1) If a prospective employer refuses to hire a job applicant because that applicant had filed, or is likely to file, a workers’ compensation claim incurred while working for a...

Tolling Agreement

Case: Circle C Construction, LLC v. D. Sean Nilsen, Et Al. Issue: Does a tolling agreement between parties preclude the application of the savings statute set forth in Tenn. Code Ann. § 28-1-105(a)? Facts: Plaintiff contemplated a legal malpractice action against a firm but the parties entered into a statute...

Healthcare Liability Action Pre-suit Requirements

Case: Timothy Davis, as surviving spouse and next of kin of Katherine Michelle Davis v. Michael Ibach, M.D., and Martinson Ansah, M.D. Issue: Did Patient’s pre-suit notice’s failure to indicate attorney had no violations of the healthcare liability action statute require dismissal with prejudice? Facts: Patient’s certificate of good faith failed...

What Does A Good Attorney Do?

A Good Attorney Is… above all else, your champion. What do I mean by this? When you retain me, you are hiring more than someone who knows the law. I think it goes without saying that you expect any lawyer you hire to be knowledgeable. I should know the law. I...

Computation of Franchise and Excise Taxes

Case: Vodafone Americas Holdings Inc. & Subsidiaries v. Richard H. Roberts, Commissioner of Revenue, State of Tennessee Issue: Can the Commissioner of Revenue require a variance from the standard cost of performance methodology provided by law where the majority of the company’s “earnings producing activities” occur outside of Tennessee? Facts:...

Voidability of Default Judgments

Case: Stephanie D. Turner v. Kevin Turner Issue: Whether Respondent was required under Tenn. R. Civ. P. 60.02 to file her petition to set aside within a reasonable time and, if not, whether exceptional circumstances exist in this case that require a different rule. Facts: Father obtained a default judgment...

Do I Have A Good Case?

05 December 2014

This is by far the most common question I am asked by my clients. While this is a simple question, it does not have a simple answer. There are a host of factors that have to be considered to answer the question. In general terms, when deciding whether to take a case,...

The Reality of Child Porn & House Forfeiture

25 November 2014

You could lose your home to the government if police find illegal images on your computer. Every state is different, but in Tennessee any property may be seized by the state if it is “used in the commission of” an offense for exploitation of a minor. T.C.A. § 39-17-1008(a). These...

What Questions Should I Ask My Attorney?

20 November 2014

In selecting an attorney, you should be primarily concerned with whether they have the ability and skill to properly represent you in your case. When meeting an attorney for the first time, you should ask them about their past experience with cases similar to your own. Ask them about their...

Do I Need An Attorney?

17 November 2014

Involved in an accident? If you have been involved in an accident and injured as a result, then you absolutely need to hire an attorney. This is not a situation that anyone without experience should handle on their own. As the saying goes- “do not try this at home!” Someone...

Can I Discharge My Attorney?

11 November 2014

Steps You Can Take If you have an attorney and think you are not being represented the way you deserve, there are certain steps you should take. First, ensure the lines of communication are open. Schedule a face to face meeting and voice your concerns. Tell your lawyer exactly how...

Standing to Challenge Tax Sale

04 November 2014

Case: Mortgage Electronic Registration Systems, Inc. v. Carlton J. Ditto, et al Issue: Is MERS entitled to notice before the sale of a mortgage loan from one of its members? Facts: Plaintiff MERS provides an electronic registration system for tracking interests in mortgage loans for a fee to member lending...

Public Records Act

04 November 2014

Case: Stephen Michael West, et al. v. Derrick D. Schofield, et al. Issue: Does the Public Records Act make the identities of executioners privileged from pre-trial discovery? Facts: Death Row Inmates filed a lawsuit alleging that Tennessee’s execution protocol is unconstitutional. Inmates served interrogatories on the State seeking the identities...

Right of Confrontation: Medical Examiners Report

03 November 2014

Case: State v. Thomas Lee Hutchinson Issue: Can a medical examiner testify as to the contents of an autopsy report written by a different medical examiner? Facts: One medical examiner prepared the autopsy report but did not testify. A second medical examiner testified as to the contents of the report...

Merger of Offenses

03 November 2014

Case: State of Tennessee v. Terrence Justin Feaster The Legal Issue Whether convictions for attempted voluntary manslaughter and aggravated assault should have been merged under due process principles. Facts of the Criminal Defense Case The defendant assaulted his girlfriend and savagely beat her over some period of time. He was...

Search and Seizure: Inevitable Discovery

03 November 2014

Case: State of Tennessee v. Thomas Lee Hutchison Issue: Whether the inevitable discovery doctrine applied to the search of the defendant’s home. Facts: Following a report of a shooting, officers entered the defendant’s home. The officers found the defendant in the living room bleeding and went upstairs where they found...

Tennessee Public Protection Act and the GTLA

30 October 2014

Case: David G. Young, Individually and as City Administrator for the City of Lafollette v. City of Lafollette et al. Issue: Does the GTLA’s non-jury provision apply to claims brought pursuant to the Tennessee Public Protection Act? Facts: Employee brought TPPA claim against City and requested a jury trial. City...

Pre-Suit Notice in Health Care Liability Action

30 October 2014

Case: Clayton Arden, Surviving Spouse v. Kenya L. Kozawa, M. D. Issues: Was pre-suit notice sufficient despite failing to list addresses of plaintiff and defendant? Was service of notice via Federal Express (rather than USPS) sufficient? Facts: Plaintiff sought to file suit against Defendants Doctor and Hospital. The pre-suit notice...

Applicability of Uniform Administrative Procedures Act

30 October 2014

Case: The Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System v. United Healthcare Plan of The River Valley, Inc. D/B/A Americhoice and Tennessee Attorney General Issue: Did Hospital challenge the applicability of TennCare regulations so as to divest the trial court of jurisdiction under the UAPA? Facts: Hospital filed an...

What To Do If You Have Been In An Accident

27 October 2014

As most people have no idea what to do when they get in an accident, I thought it would be useful to give a few simple suggestions. A Simple Checklist: First, take inventory of your body. Check yourself to make sure you are physically okay. If you need medical attention,...

TN DUI Law Changes & Driving a Company Car

23 October 2014

Getting a DUI or Implied Consent conviction in Tennessee means losing your driver’s license for one year. In many situations, a person is able to obtain a Restricted License by which they can drive with certain conditions. The most common condition is installation of an Ignition Interlock Device in...

As My Attorney, What Do You Do?

17 October 2014

As Your Attorney: I will do everything in my power to allow you to put all of your focus on your recovery from your injuries. I will keep you informed, direct your actions, and handle the legal aspects of your claim. I will make you as comfortable as possible with...

How Do You Transfer Probation Supervision to Another State?

11 October 2014

What happens where the probationer is going to be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation...

Why Do We Have A Conscience?

04 October 2014

On the holiest day of each year three members of Temple Ohabai Sholom in Nashville are asked to address the congregation about their Jewish experiences. This day is our Day of Atonement – Yom Kippur – where we gather as a community and ask God for forgiveness and strength to...

Patriot Day and Folds of Honor

29 September 2014

Raybin & Weissman would like to thank all the service men and women as well as their families for their sacrifices for our country. To show our gratitude, we were proud sponsors of a fundraiser held at The Governor’s Club throughout the entire month of September. The Governor’s Club is...

Summary Judgment Standard

26 September 2014

Case: Michelle Rye, et al. v. Women’s Care Center of Memphis, MPLLC d/b/a Ruch Clinic, et al. Issue: The Supreme Court’s Order granting review noted the Court’s interest in “whether the Court should re-consider the summary judgment standard previously articulated by the Court in Hannan v. Alltel Publishing Co., 270 S.W.3d...

Election of Offenses

26 September 2014

Case: State of Tennessee v. Courtney Knowles Issue: Must a conviction be reversed when the State’s elected offense specified the wrong act for the date provided? Facts: Defendant was tried for one count of rape of a child. The State offered evidence that the Defendant and the Victim engaged in...

DUI Arrest

26 September 2014

Case: State of Tennessee v. Mechelle L. Montgomery Issue: Can an officer detain a DUI suspect for fifteen minutes without performing any DUI investigation to wait for additional information regarding an unrelated crime involving the suspect? Facts: A Deputy saw a vehicle in a parking lot that matched the description...

How to Give a Deposition in a Personal Injury Case

25 September 2014

If you bring a lawsuit, you can expect to be asked at some point to give a personal injury deposition. Almost every one of our clients involved in litigation is deposed at some point in the process. Most people find the thought of this to be very intimidating. However, it...

What Do I Wear to Court?

15 September 2014

Believe it or not, one of the most common questions clients ask me is: “What do I wear to court?” Just like in any other setting, people want to make sure they are dressed appropriately without being “overdressed.” In short, I usually recommend that my clients adhere to “business-casual” rules....

David Raybin testifies in Senate Judiciary Committee on Sentencing Reform

15 September 2014

Panel tackles criminalal justice system in Tennessee For the first time in two decades, Tennessee lawmakers want to take a hard look at the way the state punishes criminals. All seem to agree that the current system is broken. The Tennessee Senate Judiciary Committee on Monday began a two-day discussion of...

Tips and Advice on Choosing Your Doctor

09 September 2014

Choosing your doctor, whether due to an accident, injury or simply general health matter, is amongst the most important decisions you will make. Unfortunately, it can also be amongst the most frustrating. However, if you follow a few simple universal guidelines, you can help ensure a successful choice that will...

Congratulations To Vince Wyatt!

08 September 2014

Weissman, Vince and Ashley at Vince’s going away party The lawyers and staff of Raybin & Weissman want to take this opportunity to congratulate Vince Wyatt on his decision to join the Metropolitan Nashville District Attorney office. After his many years with the firm, Vince decided this was a good...

David Raybin recognized as Nashville “Lawyer of the Year”

04 September 2014

Congratulations to Raybin & Weissman partner David Raybin for being named the Best Lawyers’ 2015 Nashville Criminal Defense: White-Collar “Lawyer of the Year”. Best Lawyer’s 2015 is the 21st edition of thorough, peer reviewed listings that select attorneys through an extensive survey of leading lawyers. The Best Lawyers in America®,...

Darren Henrie Plea

01 September 2014

Former Williamson County teacher and coach Darren Henrie was represented by Nashville attorney David Raybin.

What You Should Know During a Police Traffic Stop

21 August 2014

If you are like most people, when you see a police car in your rear view mirror some level of anxiety will surface. Here are just a few tips that may help you should the blue lights come on: As soon as you see the “blue lights” Slow down and...

Slip and Fall: What You Need To Know

13 August 2014

One of the most common personal injury cases is the Slip and Fall case. Unfortunately it is also one of the most difficult to successfully pursue. That is because people don’t typically take the appropriate steps after such an incident – no pun intended. If you happen to be the...

Knowing the Admissibility of DUI Test Results

09 July 2014

A motorist suspected of driving under the influence of alcohol in Tennessee will likely be asked to submit to blood alcohol test to determine if their blood alcohol level registers at .08 or greater. When Are DUI Test Results Inadmissible? More than twenty years ago, the Tennessee Supreme Court ruled...

Impeachment by Prior Conviction

Case: State of Tennessee v. Frederick Herron Issue: Is Defendant entitled to new trial where trial court would have allowed impeachment by an unspecified prior felony conviction, even though Defendant’s testimony was not proffered? Facts: Prior to trial, the trial court ruled that Defendant could not be cross-examined by the...

Power of Attorney

Case: Wilkins, et al. v. GGNSC Springfield, LLC, et al. Issue: Does a health care power of attorney authorize an agent to execute an optional arbitration agreement? Facts: Mother executed a health care power of attorney that named her Son as her attorney-in-fact. When Mother was admitted to Nursing Home,...

Motion for New Trial in FELA Case

Issue: Did the trial court give erroneous instruction in a FELA case? If so, what is the proper remedy when the jury’s verdict changed following additional post-verdict instructions? Facts: Employee sued Employer under the Federal Employers’ Liability Act (FELA), alleging that Employer’s negligence caused him health problems. The jury returned an $8.6 million...

Criminal Jury Selection

Case: State of Tennessee v. Dominc Eric Frausto Issue: Did the trial court’s deviation from the jury selection procedure in Rule 24(d) create reversible error? Facts: Jury selection began with the trial court’s selection of 18 prospective jurors. After questioning, each side used peremptory challenges, and 7 prospective jurors were...

Comparative Fault in Claims Commission Cases

Case: Richard Moreno v. City of Clarksville Issue: When a plaintiff timely files a claim against the State, and the State alleges fault by another government entity after the statute of limitations has run, may the plaintiff sue the additional entity? Facts: Plaintiff filed a timely claim against the State...

Arbitration Agreement Enforceability

Case: Richard A. Berent v. CMH Homes, Inc. et al. Issue: May an arbitration agreement be enforced that restricts all claims from a buyer to arbitration, but allows the seller to pursue judicial remedies? Facts: Buyer bought a mobile home from Seller and entered into a retail installment contract, which...

Safety on the Fourth of July

01 July 2014

It’s that time of the year again! Time to hit the lake, fire up the barbeque, and break out the fireworks. Freedom is in the air and the 4th of July festivities are right around the corner. And for those of us fortunate enough to live in Middle Tennessee, we...

David Weissman Recognized for Achievements in Law

30 June 2014

Recently, David Weissman traveled to Asheville, North Carolina, where he was a guest speaker at the Tennessee Association for Justice state wide convention. David attended this annual meeting of Tennessee’s trial lawyers at the request of the association’s Executive Director Suzanne Keith. Based on David’s experience, background and trial record...

Termination of Parental Rights

27 June 2014

Case: In Re Kaliyah S., et al. Issue: Must a court find “aggravated circumstances” exist before DCS is excused from making reasonable efforts at reunification? Facts: DCS petitioned to terminate the parental rights of Father based on abandonment by wanton disregard. The trial court granted the petition, and concluded that...

Insurance Benefit Assignment

27 June 2014

Case: Action Chiropractic Clinic, LLC v. Prentice Delon Hyler, et al Issue: Can an injured victim bind a tortfeasor’s insurance provider to reimburse a medical provider for the victim’s treatment? Facts: Victim was injured by Tortfeasor in a car accident and sought treatment from Chiropractor, who required Victim to sign an...

Due Process Concerns for Kidnapping Convictions

27 June 2014

Case: State of Tennessee v. Larry Jereller Alston, et al Issue: When does due process forbid convictions for kidnapping and other felonies occurring during the same criminal episode? Facts: Defendants robbed the victim of her purse, forced her into her house, and took additional property from her and her house....

Lawyer for the Condemned: I Witnessed What Should be the Last Electric Chair Execution

23 June 2014

Tennessee brings back the electric chair! I could not believe that my state would return to what I consider a barbaric practice. I am not opposed to the death penalty in all cases. However, having actually seen Tennessee’s last electrocution on September, 12 2007, I think we should not reintroduce...

What is Tennessee’s Domestic Violence “Cooling Off” Period?

20 June 2014

The local news in Nashville has been abuzz regarding a case in which Judge Casey Moreland signed off on the early release of David Chase, who allegedly assaulted his girlfriend a second time shortly after getting out of jail from the prior arrest. So what is the twelve-hour “cooling off” period...

7 Tips to Avoid Getting Arrested at Bonnaroo

09 June 2014

With good weather come fun outdoor events and festivals in Middle Tennessee, including the CMA Fest, the Fourth of July, and of course, Bonnaroo. Although these events are really enjoyable, the fun can come to an end quickly if you get arrested. During these festivals, many people get arrested for...

Festival Safety: How to Stay Safe During CMA Fest & Bonnaroo

05 June 2014

June is an exciting time in Nashville and Middle Tennessee. As the weather heats up, so does the concert and festival lineup – most notably with CMA Fest and Bonnaroo. The population of Tennessee increases significantly in those two weeks as fans come in from all over the world to...

What is the Process for Filing a Personal Injury Lawsuit?

02 June 2014

If you’ve ever been injured in an accident, you may have played out a scenario like this in your head: You know the accident that caused your injury wasn’t your fault. In fact, you’re quite certain someone else is at fault. You want to be a forgiving person and never...

Motorcycle Safety: 5 Tips to Prevent an Accident

28 May 2014

As summer approaches, Tennesseans are eager to venture outdoors to experience their favorite lake or nearest concert or festival. To reach these outdoor venues, many will drive cars, but some of us will choose a more free-spirited means of travel, the chrome horse of the highway. Motorcycles are a summer...

Top Reasons I Turn Down Personal Injury Cases

People often ask me if I ever turn down cases. Although I do turn down personal injury cases on occasion, you might be surprised at the reason. Most lawyers seem to only want to take the “most severe” cases. In other words, they only take the cases with the largest...

Kidnapping Jury Instruction

Case: State of Tennessee v. Jerome Maurice Teats and State of Tennessee v. Ricco R. Williams Issue: Is a Defendant denied due process when he is convicted of kidnapping one victim and an accompanying felony of a second victim? Facts: In these two similar but not consolidated cases, the Defendants...

Judicial Diversion

Case: State of Tennessee v. Shanice L. Dycus Issue: Is a defendant eligible for judicial diversion for a “school zone” enhanced drug offense? Facts: Defendant was convicted of a drug-related offense committed within 1,000 feet of a school zone, thereby triggering the “school zone” enhancement provided in T.C.A. § 39-17-432....

Informed Consent Causation

Case: Ike J. White, III v. David A. Beeks, M.D. Issue: Did the trial court properly limit a medical expert’s testimony at trial regarding the informed consent information, required by the standard of care, to disclosure of only those risks that actually resulted in injury? Facts: Patient was allegedly injured...

Your Social Security Disability Claim Was Denied – Now What?

08 May 2014

You’ve been a hard-working, tax-paying citizen for years, but now have an injury or condition that prevents you from working. So, you’ve applied for Social Security Disability, the federal government program that pays benefits to people who are unable to work due to an injury or medical condition. After filling...

Do You Qualify for Social Security Disability?

05 May 2014

If you’ve been working for a while, you’ve surely noticed the part of your paycheck is deducted for Social Security. That tax goes to the Social Security Administration (SSA), which runs a federal government program that pays benefits to people who are unable to work due to a disability. Although...

FAQ: Restoration of Firearm Rights in Tennessee

01 May 2014

Many people have questions about whether their firearm rights can be restored after a felony conviction. Unfortunately, Tennessee law makes it very difficult to regain firearm rights. A person convicted of a crime in Tennessee must obtain a pardon from the governor and fulfill other criteria. A person convicted in...

Denial of Medical Care for Religious Reasons

24 April 2014

Case: State of Tennessee v. Jacqueline Crank Issue: Must a child neglect conviction be vacated because of the Preservation of Religious Freedom Act or the Spiritual Treatment Exemption Act? Facts: Defendant was convicted of child neglect for rejecting advice to medically treat her daughter’s tumor, relying instead on spiritual prayer. ...

6 Tips to Prevent Employee Theft at Your Company

21 April 2014

Employee theft is rarely something companies think about until it’s too late. However, taking the appropriate preventative measures to prevent embezzlement is far easier than the significant cleanup work required when victimized by employee theft. How to Prevent Employee Theft What are the steps that you can take to minimize...

Reporting Fraud: 3 Protections for Whistleblowers

14 April 2014

The simple answer: expose it. Yet, the reality is that reporting fraud can be scary. You might fear losing your job or suffering harassment at work. Having filed numerous claims on behalf of whistleblowers, I can attest that coming forward is one of the most difficult decisions a person will...

Civil Prosecution after an Accident with a Pedestrian or Cyclist

10 April 2014

] In our last blog post, we discussed our excitement of the upcoming Spring season and how pedestrians, cyclists and motorists can safely coexist when enjoying the weather and roadways. Unfortunately, as many tips as we provide, sometimes accidents still happen. And if they do, you should know your legal...

Rules of the Road: Safety Tips for Runners and Bikers

07 April 2014

After the long winter we’ve had, I’m sure many Tennesseans are itching to get outside and lace up their running shoes, dust off their bicycles, or let the convertible top down to soak up some sunshine. That’s why this Spring will be an especially busy time for bikers, pedestrians and...

Suspect Fraud at Your Company? You Could be a Whistleblower

03 April 2014

As an employee, you would never expect that your employer is participating in fraudulent activities. However, if you work for a company that submits bills to government programs, such as Medicare, Medicaid, or Tri-Care, there is a real possibility you may be placed in this position. According to government audits,...

What Does It Mean To Hire David Weissman?

02 April 2014

Hiring Nashville Attorney David Weissman When you hire David Weissman, you are hiring an attorney that cares about you as a person, not just as a case. You are hiring an attorney that has the experience and skill needed to win, and an attorney who is not afraid to fight...

Use Low T Drugs? You May Have Grounds for a Lawsuit

27 March 2014

For middle-aged men out there working a full-time job, paying for a child’s college education, saving for retirement and still making it to the golf course for a few rounds on the weekend, life can be pretty tiring. Add that to changes in home values, job insecurity and age-related physical...

Retaliatory Discharge for Whistleblowing

13 March 2014

Case: Charles Haynes v. Formac Stables, Inc. Issue: Does a plaintiff state a cause of action for whistleblower retaliatory discharge where he or she only reported the illegal activity to the owner of the company, who was the one engaging in the allegedly illegal activity? Facts: Employee filed retaliatory discharge...

Expert Contiguous State Requirement

13 March 2014

Case: C.L. Gilbert, Jr. v. Izak Frederick Wessels, M.D. Issue: Did the trial court err in declining to waive the contiguous state requirement for a testifying expert witness? Facts: Defendant’s attorney spent 35 hours attempting to locate a medical expert in Tennessee or a contiguous state before settling on a...

Car Accidents on Icy Roads: Who is At Fault?

05 March 2014

March 3, 2014 is a day that will likely be remembered for quite some time in Nashville, and the rest of Tennessee for that matter. After a particularly cold winter, and with hopes of a warm Spring on the horizon, Nashville got hit once again by an Arctic Blast. In...

7 Important Steps to Handle Employee Theft

03 March 2014

Your trusted bookkeeper of 20 years has been robbing you blind. Not with a pistol but with a pencil. She has been paying herself an extra paycheck every few weeks. He has been diverting funds to fictitious vendors – on paper at least – to cover his tracks. What do you...

What is the Financial Compensation for Whistleblower Cases?

25 February 2014

If your employer is submitting false bills to the government, your company is participating in fraudulent activity. This is commonly seen in the healthcare sector when clinics, doctors and hospitals submit bills to Medicare or Medicaid. For example, a medical office might double bill for the same service or charge...

Attempted Offenses

21 February 2014

Case: State of Tennessee v. Jeremy Wendell Thorpe Issues: Was attempted sexual battery a lesser included offense of sexual battery under the facts? Does evidence of a completed offense render insufficient the evidence for an attempt conviction? Facts: The Defendant was charged with illegally kissing and touching the victim. At...

Understanding Tennessee Hit and Run Laws

19 February 2014

If you get into a traffic accident, your insurance company isn’t the only one who needs to know. Under Tennessee “hit and run” law, you may be required to take several different steps to notify the government and/or the other driver about the accident. Some of these requirements apply immediately,...

Should You Go to Trial if You Get a Bad Settlement Offer?

03 February 2014

There are many factors that go into the evaluation of a personal injury claim. As I have discussed previously, establishing the dollar value of your personal injury case is very complicated and should involve the assistance of an experienced personal injury attorney. However, establishing the fair value of the case...

What is My Personal Injury Case Worth?

27 January 2014

When people find out that I am a plaintiff’s personal injury attorney, the first question they usually ask me is the same – what is my case worth? Given how common the question is, I thought it would be a good idea to take a little time and give some...

Criminal Mistrial

24 January 2014

Case: State of Tennessee v. Lamar Parrish Carter Issue: Did defense counsel’s question about potential sentence create manifest necessity for mistrial? Facts: Defendant and two co-defendants were charged with several drug offenses. During cross-examination of co-defendant, defense counsel asked the potential sentence that the co-defendant/witness faced for a charge. The...

Retaliatory Discharge – Whistleblower

02 January 2014

Case: Larry D. Williams v. City of Burns, Tennessee Issue: Can a whistleblower sue for retaliatory discharge after being fired for disloyalty? Facts: A terminated police officer filed for retaliatory discharge, alleging he was terminated for reporting illegal activities. The trial court held that the evidence did not establish that...

General Sessions Appeal Bonds

02 January 2014

Case: Wilma Griffin v. Campbell Clinic, P.A. Issue: Does a cash bond pursuant to T.C.A. § 8-21-401 satisfy the obligation to “give bond with good security” under § 27-5-103? Facts: The Circuit Court dismissed this appeal from General Sessions Court based on the Appellant’s failure to file a surety bond....

Ben Raybin Appointed to Tenn. Supreme Court Case

Ben Raybin has been appointed to represent a pro se client before the Tennessee Supreme Court. As reported by the Raybin-Perky Supreme Court Hotlist, the Court recently granted review in the case of State v. Sprunger, which involves forfeiture of real property. In the case, Mr. Sprunger had been convicted...

Real Estate Contract Dispute

Case: Brenda Benz-Elliott v. Barrett Enterprises, L.P. et al Issue: Should case be governed by statute of limitations for injury to property, or breach of contract? Facts: Seller and Buyer were longtime friends who entered into a real estate sale in 2004. The contract provided that the Seller had to...

Premises Liability – Independent Contractor

Case: Greg Parker, et al. v. Holiday Hospitality Franchising, Inc., et al. Issue: Can a Hotel be liable for injuries caused by a defective shower bench installed by an independent contractor? Facts: Customer alleged that a shower bench in a Hotel collapsed, causing him to fall and sustain injuries. Hotel...

Lesser Included Offense Instruction

Case: Calvin Eugene Bryant v. State of Tennessee Issue: Was trial counsel ineffective for failing to request a jury instruction for the lesser included offense of facilitation? Facts: Defendant was charged with several felony drug offenses. His defense was, in part, that a third party brought the drugs and he...

Forfeiture of Property

Case: State of Tennessee v. Charles D. Sprunger Issue: Can the State seize the real property of a defendant convicted of downloading child pornography where the only nexus between the unlawful behavior and the dwelling was that the computer was located in the dwelling? Facts: Defendant was convicted for downloading...

Child Custody

Case: Terri Ann Kelly v. Willard Reed Kelly Issue: Was wife properly awarded custody of son? Facts: The trial court awarded Wife custody of the parties’ two minor children following the termination of an eighteen year marriage. Appellate Decision: The intermediate court reversed, in pertinent part, the award of custody...

Happy Holidays from Our Family to Yours

18 December 2013

As the year starts to wind down, we wanted to take this time to wish you – our family, friends and clients – a Merry Christmas and a Happy New Year. We also wanted to take a minute to reflect on what has been an exciting and rewarding year for...

4 Tips to Avoid a Holiday DUI

13 December 2013

‘Tis the season for holiday parties. However, there are not many things that put more of a damper on the holiday season than getting arrested for DUI. It is important that we remind ourselves to plan ahead before attending events where alcohol will be served. That way, you can still...

Ashley F. Galmish Joins Our Legal Team

12 December 2013

We are pleased to announce that one of our very own, Ashley F. Galmish, has become admitted to practice law in the State of Tennessee. On November 5, 2013, I had the honor of presenting Ashley to the Justices of the Tennessee Supreme Court. In front of a packed house,...

Three Partners Selected as Tennessee Super Lawyers

05 December 2013

We are pleased and honored to announce that all three of our firm’s partners – John Hollins Jr., David Raybin and David Weissman – have each been selected as Tennessee Super Lawyers in the fields of Personal Injury, Criminal Defense, Social Security Disability and Family Law. Super Lawyers is a...

Vince Wyatt Announces Candidacy for General Sessions Court Judge

03 December 2013

We are pleased to announce that one of own, Vince Wyatt, is running for judge in Davidson County. A longtime attorney with Raybin & Weissman, Vince has decided to seek election General Sessions Court Judge Division 4. After thirteen years of serving the public both in civil and criminal matters,...

Tennessee Human Rights Act

Case: Larry Sneed v. The City of Red Bank Issue: Does the Tennessee Governmental Tort Liability Act apply to claims brought against a municipality pursuant to the Tennessee Human Rights Act? Facts: Larry Sneed was discharged as Chief of Police for Red Bank and filed suit against several city officials...

Pre-Suit Notice in Re-Filed Health Care Liability Suit

Case: Samuel E. Foster et al v. Walter William Chiles, III et al Issues: Does a Plaintiff need to resend pre-suit notice after re-filing a non-suited health care liability action? Does failure to attach pre-suit notice to a complaint mandate dismissal? Facts: Plaintiffs timely filed a health care liability suit...

Jury Instruction Regarding Notice and Foreseeability

Case: Andrew Spencer v. Norfolk Southern Railway Company Issue: Did the jury instructions improperly limit notice and foreseeability of a dangerous condition to the day of the accident in a FELA case? Facts: Employee sued Employer railroad for negligence under the Federal Employers’ Liability Act. After a jury trial, the...

Inconsistent/Mutually Exclusive Verdicts

Case: State of Tennessee v. Marlo Davis Issue: What happens when a defendant is convicted of an intentional and a reckless offense for the same act? Facts: Defendant was convicted of reckless homicide on a premeditated murder count, and second degree murder on a felony murder count, all for the...

Lesser Included Offenses – Waiver

Case: State of Tennessee v. Broderick Devonte Fayne Issues: Is possession of a firearm a lesser included offense to employing a firearm? Should the judge have instructed this lesser offense notwithstanding a lack of a special request? Facts: The Defendant was convicted of employing a firearm in the commission of...

Ineffective Assistance of Counsel Standard

Case: Edward Thomas Kendrick, III v. State of Tennessee Issues: Was trial counsel ineffective in failing to obtain expert testimony and adducing a statement from an officer? Under what standard are Ineffective Assistance claims reviewed? Facts: Defendant was convicted of first degree murder. On post-conviction, he filed a petition alleging...

New Medical Malpractice Law Cheats Family from Justice

12 November 2013

In a case decided recently by the Tennessee Court of Appeals, the family of a suicidal patient who killed himself at a crisis center was robbed of their day in court because of a technical defect, thanks to new laws making it harder to bring medical malpractice suits (now known...

Regulatory Taking and Inverse Condemnation

30 October 2013

Case: Mack Phillips, Et Al. v. Montgomery County, Tennessee, Et Al. Facts: Property owners submitted a subdivision plan for approval. The planning commission denied the plan because the property lies in the path of a planned highway extension. The property owners alleged the denial constitutes a regulatory taking in violation...

Don’t Text and Drive – An Open Letter to Nashville Drivers

25 October 2013

An open letter to Nashville Drivers from a lawyer, a driver and parent of two teenage girls._ Dear fellow drivers, We have a problem in Tennessee that is maiming and killing our citizens, and it is a problem we have chosen to create. As you might guess, that issue is...

Uninsured Motorist Coverage

22 October 2013

Case: Dennis Michael Harris, et ux v. Mickey Deanne Haynes, et al. Facts: An Employee of Anderson County was injured at work and raised a claim against the County’s liability coverage provider, Tennessee Risk Management Trust (“TRMT”) for uninsured motorist coverage. TRMT filed for summary judgment on the theory that...

5 Important Things To Do If Injured in a Car Accident

14 October 2013

There are certain things in life that only happen to the other guy. That is, until they happen to you. Getting injured in a car accident is one of those things. Although getting in a car crash is not an everyday occurrence, it is far more common than you might...

Retaliation in Employment

Case: Jim Ferguson v. Middle Tennessee State University Facts: Employee filed a lawsuit against his Employer for employment discrimination. In a second lawsuit, Employee sued Employer for retaliation asserting that he suffered adverse job actions after filing his first lawsuit including being required by his supervisor to perform tasks contrary...

Lost DUI Arrest Video May Lead to Charges Being Dropped

Last month, the Tennessee Supreme Court ruled in State v. Merriman that it would be fundamentally unfair for a person charged with DUI to stand trial when the police lost the video recording of that person’s DUI traffic stop. The court based its ruling on the application of State v....

Ineffective Assistance – Interviewing Witnesses

Case: Quantel Taylor v. State of Tennessee Facts: The Defendant pled guilty to several serious charges. On post-conviction, he alleged that his trial attorney was ineffective for failing to interview several witnesses. The post-conviction court granted the State’s motion to quash subpoenas for his co-defendants to testify, despite the absence...

Ineffective Assistance – Failure to Appeal

Case: Guadalupe Arroyo v. State of Tennessee Facts: After two successful sentencing appeals resulted in a third sentence, the Defendant’s attorney did not file an appeal of that sentence. On post-conviction, the attorney stated that he recalled advising Defendant that a third appeal would be futile and that Defendant “pretty...

Ben Raybin Discusses Development in Vanderbilt Football Rape Case

17 September 2013

Viewers of WSMV-Channel 4 may have seen me interviewed on the evening news last Friday discussing the Vanderbilt Football rape case. The breaking development was that Vandy receiver Chris Boyd pled guilty to attempting to be an “accessory after the fact” in light of evidence that he had helped carry...

Wrongful Death Cases: Getting Records and Filing a Lawsuit

03 September 2013

The Tennessean_recently reported on a tragic story about a 17-year-old boy who died in the custody of the Department of Children’s Services (DCS) while in juvenile detention. His family tried for months to get his medical records with little or no success because he had turned 18 while in DCS...

Could Ex-Titan Keith Bulluck Sue for Malicious Prosecution?

28 August 2013

Former Tennessee Titans linebacker Keith Bulluck was arrested recently for felony robbery after an altercation with a taxi driver. As reported in the media, the taxi driver has a history of filing false reports and allegedly lying about being robbed. If the taxi driver lied about this incident, could Bulluck sue...

Texting While Driving in Tennessee Could Get You in Trouble

27 August 2013

In today’s world, texting has replaced talking on the phone, especially among young people. However, this trend becomes extremely dangerous when it happens behind the steering wheel. Texting while driving seems completely harmless until the distraction causes a car accident. Studies have shown that texting while driving is even more...

Successor Judge as Thirteenth Juror

Case:State of Tennessee v. Justin Ellis Facts: Defendant was convicted in a trial presided over by Judge Baumgartner, who later resigned due to misconduct. A successor judge considered and denied Defendant’s motion for a new trial, concluding that he was able to fulfill his role as “thirteenth juror” despite not...

Multiple Criminal Counts During One Transaction

Case: State of Tennessee v. Barry H. Hogg Facts: Defendant engaged in several discrete sexual acts with Victim, a minor, over a period of less than an hour, during which Defendant created eleven video recordings with his camera lasting between two seconds and four minutes. Defendant was convicted of multiple...

Medical Malpractice Notice Requirement

Case:Richard Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC et al. Facts: The Plaintiff in a medical malpractice case filed the required sixty-day notice but failed to include a copy with the complaint, as required by T.C.A. 29-26-121. The complaint erroneously indicated that a “disc containing the documentation” was attached. Plaintiff’s...

Ineffective Assistance of Counsel

Case:Clarence Nesbit v. State of Tennessee Facts: Defendant was convicted of first degree murder and sentenced to death. On post-conviction review, Defendant alleged multiple grounds of ineffective assistance of counsel relating to a failure to obtain a mental evaluation, failure to convey a plea offer, failure to interview witnesses, failure...

Hospital Liens

Case:Diane West v. Shelby County Healthcare Corp. Facts: Patient received care from Hospital after being injured in a car accident, and Hospital perfected a hospital lien on Patient’s bill. Insurance Company paid a portion of the medical costs in settlement of Patient’s hospital bill. Patient filed a lawsuit against the...

Appellate Review of Judicial Diversion Denial

Case:State of Tennessee v. Kiara Tashawn King Facts: Defendant pled guilty to various crimes and was sentenced to five years of probation without judicial diversion. Appellate Decision: Despite “scant” evidence on the matter, the court upheld the denial of judicial diversion under a standard of considering whether “any substantial record...

Can Legal Cell Phone Use be Grounds for a Car Accident Lawsuit?

07 August 2013

Although texting while driving is illegal in Tennessee, talking on a cell phone is not. However, cell phone usage can lead to distracted driving, car accidents and even fatalities. TN Leads in Fatal Crashes Involving Cell Phones According to a recent study by the National Safety Council, Tennessee had the...

5 Key Features of Our New Law Firm Website

11 July 2013

Today, we are excited to launch the new law firm website for Raybin & Weissman. We’re particularly proud of this website because it offers a number of features that we believe will be valuable to the Nashville legal community, clients and people looking to hire an attorney. Here are some...

Are DUI Checkpoints Legal?

08 July 2013

A citizen’s YouTube video encounter with the police at a sobriety checkpoint has engendered enormous interest. And a lot of legal questions. Nancy Amons for Channel 4 News asked me to comment on this. My interview has prompted other print and television media to request a more detailed exposition of...

Business Liability to Customers

14 May 2013

Case: Jolyn Cullum, et al v. Jan McCool, et al Issue: Is a business liable to a customer injured by a third party when the business expels the third party from its store for being inebriated but does not undertake safety measures to protect customers from the third party? Facts: Ms. McCool...

Surrogacy Agreement

07 May 2013

Case: In Re Baby Facts: The “Intended Parents” entered into a surrogacy agreement with “Surrogate.” Before the child’s birth, a juvenile court entered a final order declaring parentage and ratifying the surrogacy agreement. Shortly after the child’s birth, Surrogate filed motions to effectively assume parentage herself. The juvenile court denied the...

Proximate Cause

Case: Kenneth E. King v. Anderson County, Tennessee Facts: _ _After Inmate was erroneously left in jail following a court order for his release, Inmate was injured by his cellmate. The trial court found the county 55% at fault and the Inmate 45% at fault for provoking the assault. Appellate Decision: The COA...

Prosecutorial Misconduct: Closing Argument

Case: State of Tennessee v. Noura Jackson Facts: _ _The opening sentence of the prosecutor’s closing argument was: “Just tell us where you were. That’s all we’re asking, Noura.” The Defendant objected to the apparent improper reference to the Defendant’s post-arrest silence. The prosecutor told the court that she was referencing...

Knowing and Voluntary Plea Agreement

Case: Juan Alberto Blanco Garcia v. State of Tennessee Facts: Petitioner, an undocumented immigrant, pled guilty to two charges and subsequently faced removal proceedings. He alleged in post-conviction that his lawyer was ineffective in failing to advise him on his removability, and that his plea was not knowing and voluntary...

Burglary When Defendant Obtains Consent to Enter with Deception

Case: State of Tennessee v. Marcus Pope Facts: _ _The Victim sold candy and snacks out of his residence. He normally conducted business from a window but allowed Defendant and an accomplice inside because he trusted him and it was hot outside. Upon entering, Defendant and the accomplice attacked and robbed...

DUI Probable Cause

05 March 2013

Case: State of Tennessee v. David Dwayne Bell Facts: Defendant was stopped for driving in the wrong direction. He admitted to consuming some alcohol, and the arresting officer testified that Defendant smelled of alcohol and failed some (but not all) of the six field sobriety tests administered. At the suppression...

Federal Appeals Court Overturns Ruling for Shackled Pregnant Inmate in Villegas Case

04 March 2013

Today, the Sixth Circuit Court of Appeals overruled an award of $200,000 to a pregnant inmate who was shackled immediately before and after giving birth. Villegas v. Metro. Gov’t of Nashville, -F.3d-, No. 11-6031 (6th Cir. March 4, 2013). The appeals court simply decided that the case should have been...

Summary Judgment on Statutory Interpretation in Declaratory Action

15 February 2013

Case: Pickard, et al. v. Tenn. Dept. of Environment and Conservation, et al. Facts: The Tennessee Department of Environment and Conservation (“TDEC”) issued a draft permit allowing a proposed rock quarry to discharge storm water and wastewater into nearby creek. TDEC ultimately issued a final permit to the quarry and...

Voluntary Dismissal – “Two Dismissal Rule”

Case: Jeffrey R. Cooper v. Phillip Glasser, et al. Facts: Plaintiff filed a claim against Defendants in California state court alleging, among other things, breach of contract and fraud. Plaintiff voluntarily dismissed that action without prejudice. Plaintiff later sued the same Defendants in the United States District Court for the...

Life Insurance Disbursement

Case: Erik Hood v. Casey Jenkins, et al. Facts: Father died after naming Son as the beneficiary of his life insurance policy. After receiving a claim from Son and realizing he was still a minor, Insurance Company requested proof of guardianship. Sister obtained an order of guardianship, but Company responded...

Consecutive Sentencing

Case: State of Tennessee v. James Allen Pollard Facts: Defendant was convicted of first degree murder, felony murder, and especially aggravated robbery, and received life in prison and eighteen years. The court ordered these sentences to be served consecutively upon making an affirmative finding in the following sentencing factor: “The...

Confessions – Civilian as a State Agent