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Withdrawal of Voluntary Dismissals

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

Andrew Delke Guilty Plea

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…

Jennette Lawsuit Alleges Inmate Killed by Excessive Force

  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….

Tennessee Life Sentence Parole Eligibility May Be Reduced

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…

Ben Raybin and the Tennessee Supreme Court Case Ruling

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…

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

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

 

Claiming Unrest Potential, Officer Wants Murder Trial Moved

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…

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…

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…

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…

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.”…

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

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

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”…

Parental Right Termination

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…

Juvenile Life Sentences

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

TN Supreme Court Grants Review of Case Filed by Ben Raybin

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….

Do I Need A Lawyer For A Citation or Summons?

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…

Unlawful Detainers

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…

Opioid Lawsuits

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…

Negligent Insurance Procurement Suits

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….

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

“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…

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…

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…

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…

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…

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…

Ben Raybin Testifies in Legislature on Civil Asset Forfeiture

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…

Orders of Protection

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,…

Car Accident in Nashville: Reasons to Call a Lawyer

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…

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…

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…

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…

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…

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…

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….

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…

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…

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…

Dangerous Intersections in Nashville

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…

What to Do after an Electric Scooter Injury in Nashville

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…

Can I Sue for an Electric Scooter Accident in Nashville?

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…

Common Reasons for SSD Denials

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…

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)…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

Recovering Compensation for a Car Accident Brain Injury

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…

Common Reasons Why Tennessee DUI Cases Get Dismissed

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…

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,…

Can a Passenger Sue Uber or Lyft after an Accident?

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…

What to Do When You’re Charged with Domestic Violence

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…

TN Governor Pardons Client of Raybin & Weissman

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….

How Does Comparative Fault Affect Tennessee Injury Cases?

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…

David Raybin – Attorney for Andrew Delke

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…

Polygraph Exam Evidence

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…

Judicial Estoppel

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…

Driver Seriously Injured in Rear Underride School Bus Crash

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…

Warrantless Searches of Probationers

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…

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…

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…

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…

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…

Indictment Amendments

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…

Armored Truck Accident Spills Coins on I-40

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…

2018 Texting and Driving Scholarship Winner – National

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…

Pedestrian Killed in Hit-and-Run Accident in Bordeaux

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…

TSU Researchers Analyze Coverage of Pedestrian Deaths

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…

Tennessee Highway Patrol to Host Teen Driver Education Camp

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…

Fatal Truck Underride Accident in Franklin

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…

2018 Texting and Driving Scholarship Winner – Tennessee

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…

Driver Rear-Ends UPS Truck in Fatal Construction Zone Crash

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…

Expungement in Tennessee – FAQ

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…

Tennessee Gives a ‘Thumbs Down’ to Distracted Driving

“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…

What You Need to Know When Charged With Domestic Violence

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…

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

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…

Fatal Hit-and-Run Motorcycle Accident in Madison

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…

Wrong Way Driver Hits Semi-Truck on I-40

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…

Seat Belts on Tennessee School Buses

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…

Liability for Suicide

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?…

Head-On Collisions Continue to Plague Nashville

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…

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

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…

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

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…

Motion to Intervene Appeal

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: …

Exculpatory Agreements

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…

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

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…

Bicyclist Killed in Accident on Natchez Trace Parkway in Tennessee

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…

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…

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…

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…

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…

How Can Cyntoia Brown Be Released From Prison?

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…

Motorcyclist Rear-Ends Smyrna Police SUV

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…

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Former MLB Pitcher Killed in Tennessee ATV Accident

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…

Appellate Retroactivity Rules: The Pipeline Doctrine

 **         **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…

Wrong Way Accidents A Common Occurrence in Nashville

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…

Sex Offender Probation

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…

Why Are Distracted Driving Accidents Underreported?

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…

Nashville Good Samaritans Aid Victims of Fiery Truck Accident

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…

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…

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…

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…

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…

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…

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…

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…

MTA Bus Hits Pedestrian in Downtown Nashville Accident

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…

Pedestrian Killed in Donelson Hit and Run Accident

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…

Tennessee Statutory Rape Laws and Punishments

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…

Raybin & Weissman Files Lawsuit For Excessive Force in Taser Case

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…

Distracted Driving Statistics Show Major Problem in Tennessee

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…

Raybin & Weissman Client Acquitted of Murder Charges

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…

Tennessee Passes New Expungement Laws For 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….

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

  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…

How to Stay Safe During Events in Downtown Nashville

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…

Stop Texting and Driving Tennessee Scholarship Winner

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…

How to Not Get Arrested at Bonnaroo & CMA Fest

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…

Stop Texting and Driving Davidson County Scholarship Winner

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…

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

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,…

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

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…

Enhanced Sentencing Notice

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…

Elderly Woman Hit and Dragged by Negligent MTA Bus Driver

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…

Property Tax Relief for Elderly, Disabled Nashville Residents

  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…

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…

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…

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…

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…

5 Mistakes to Avoid When Hiring a Nashville Accident Lawyer

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,…

The Real Cost of Speeding in Tennessee

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…

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

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…

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

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…

Good Faith Exception for Search Warrants

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….

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

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…

FAQ: Expungement of Tennessee Convictions

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,…

Why You Need Uninsured Motorist Coverage

“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…

Theft of Real Property

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…

Severances, Transferred Intent, and Double Jeopardy

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?…

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…

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….

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…

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…

Elderly Woman Killed in Own Living Room by Drunk Driver

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…

Frequently Asked Questions After a Car Wreck

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…

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

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…

Aggravated Robbery

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…

Personal Injury Medical Expenses

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…

Collection of Deficiency Judgments

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…

After You’ve Been in a Car Accident in Nashville

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…

Fatigued Trucking Accident Causes 8-Vehicle Crash in Nashville

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….

Bike Rider in Berry Hill Injured in Crash With SUV

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…

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…

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…

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…

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…

Check Your Firearms At Home Before Heading to the Airport

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…

More Truck Drivers Overworked in TN Because of Gas Shortage

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…

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…

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,…

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…

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…

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…

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…

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…

2016 Texting and Driving Scholarship National Winner

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…

7 Year Old Boy Killed In Distracted Driving Crash In Brentwood

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…

Order of Protection Notice

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…

Med-Mal Pre-suit Notice

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…

Ashley F. Galmish Honored as President Appointed Young Lawyers

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…

2016 Texting and Driving Scholarship Winner Davidson County

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…

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

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…

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

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…

Paternity in Wrongful Death Case

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…

David Raybin Deemed Best of the Bar by Nashville Business Journal

  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…

Consecutive Sentencing

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. §…

Causation and Summary Judgment

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…

Attorney Fees on Appeal

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….

Return of Seized Property in Criminal Cases

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…

Election Dispute

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…

Child Custody

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…

How Can You Defend Those People

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…

Trucking Accidents: What You Need To Know

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…

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

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…

Employers Liable For Employee’s Negligent Actions

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…

Downtown Nashville B-Cycle Rental

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…

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

“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…

Move Over Law in Tennessee

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…

TN Seat Belt Laws For Kids Save Lives

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…

Don’t Drive Sleepy or Tired

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…

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…

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…

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….

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…

Tennessee Teacher Tenure Act

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…

National Texting and Driving Scholarship Winning Essay

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…

Uninsured Motorist Coverage

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…

Can “Pocket Dial” Calls be Recorded?

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…

Davidson County Texting and Driving Scholarship Winning Essay

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…

What is a Social Security Disability Lawyer’s Cost?

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…

Planning Safe & Successful Summer Road-Trips

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…

Traffic Laws for Tennessee Visitors

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…

Texting and Driving – IT CAN WAIT!

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…

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…

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…

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…

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…

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…

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….

What You Need To Know About UBER & Car Accidents

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…

Lesser-Included Offenses

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…

Do You Ever Turn Down Cases?

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…

Is My Attorney Doing A Good Job?

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…

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

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…

Time to Take A Stand On Texting & Driving

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…

Letters of Support in Criminal Sentencing Hearings

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…

Ben Raybin’s Client Prevails in TN Supreme Court Case

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…

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…

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…

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)…

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…

What Is The First Thing An Attorney Should Do?

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…

Zoning Appeal

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…

Motion to Dismiss in Securities Fraud Case

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…

Election of Offenses

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…

Are Credentials Important?

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…

How Do Attorneys Get Paid?

  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…

Remittitur of Damages

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,…

Real Property Dispute

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…

Access to Counsel

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…

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…

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…

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…

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…

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…

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…

Do I Have A Good Case?

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….

The Reality of Child Porn & House Forfeiture

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…

What Questions Should I Ask My Attorney?

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…

Do I Need An Attorney?

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…

Can I Discharge My Attorney?

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…

Standing to Challenge Tax Sale

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…

Public Records Act

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…

Right of Confrontation: Medical Examiners Report

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…

Merger of Offenses

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…

Search and Seizure: Inevitable Discovery

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…

Tennessee Public Protection Act and the GTLA

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…

Pre-Suit Notice in Health Care Liability Action

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…

Applicability of Uniform Administrative Procedures Act

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…

What To Do If You Have Been In An Accident

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…

TN DUI Law Changes & Driving a Company Car

  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…

As My Attorney, What Do You Do?

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…

How Do You Transfer Probation Supervision to Another State?

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”…

Why Do We Have A Conscience?

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…

Patriot Day and Folds of Honor

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…

Summary Judgment Standard

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…

Election of Offenses

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…

DUI Arrest

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…

How to Give a Deposition in a Personal Injury Case

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…

What Do I Wear to Court?

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,…

Tips and Advice on Choosing Your Doctor

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…

Congratulations To Vince Wyatt!

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…

David Raybin recognized as Nashville “Lawyer of the Year”

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…

Darren Henrie Plea

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

What You Should Know During a Police Traffic Stop

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…

Slip and Fall: What You Need To Know

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…

Knowing the Admissibility of DUI Test Results

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?…

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…

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…

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…

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,…

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…

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…

Safety on the Fourth of July

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…

David Weissman Recognized for Achievements in Law

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…

Termination of Parental Rights

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…

Insurance Benefit Assignment

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…

Due Process Concerns for Kidnapping Convictions

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…

7 Tips to Avoid Getting Arrested at Bonnaroo

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…

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

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…

What is the Process for Filing a Personal Injury Lawsuit?

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…

Motorcycle Safety: 5 Tips to Prevent an Accident

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,…

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…

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:…

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…

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…

Your Social Security Disability Claim Was Denied – Now What?

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…

Do You Qualify for Social Security Disability?

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…

FAQ: Restoration of Firearm Rights in Tennessee

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…

Denial of Medical Care for Religious Reasons

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…

6 Tips to Prevent Employee Theft at Your Company

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…

Reporting Fraud: 3 Protections for Whistleblowers

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…

Civil Prosecution after an Accident with a Pedestrian or Cyclist

] 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…

Rules of the Road: Safety Tips for Runners and Bikers

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…

Suspect Fraud at Your Company? You Could be a Whistleblower

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…

What Does It Mean To Hire David Weissman?

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…

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

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…

Retaliatory Discharge for Whistleblowing

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…

Expert Contiguous State Requirement

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…

Car Accidents on Icy Roads: Who is At Fault?

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,…

7 Important Steps to Handle Employee Theft

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…

What is the Financial Compensation for Whistleblower Cases?

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…

Attempted Offenses

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…

Understanding Tennessee Hit and Run Laws

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…

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

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…

What is My Personal Injury Case Worth?

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…

Criminal Mistrial

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…

Retaliatory Discharge – Whistleblower

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…

General Sessions Appeal Bonds

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…

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 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…

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…

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…

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…

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…

Happy Holidays from Our Family to Yours

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…

4 Tips to Avoid a Holiday DUI

‘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…

Ashley F. Galmish Joins Our Legal Team

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…

Three Partners Selected as Tennessee Super Lawyers

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,…

Vince Wyatt Announces Candidacy for General Sessions Court Judge

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…

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…

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…

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…

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…

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…

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…

New Medical Malpractice Law Cheats Family from Justice

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…

Regulatory Taking and Inverse Condemnation

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…

Uninsured Motorist Coverage

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…

5 Important Things To Do If Injured in a Car Accident

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…

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…

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…

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…

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…

Ben Raybin Discusses Development in Vanderbilt Football Rape Case

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…

Wrongful Death Cases: Getting Records and Filing a Lawsuit

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…

Could Ex-Titan Keith Bulluck Sue for Malicious Prosecution?

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…

Texting While Driving in Tennessee Could Get You in Trouble

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….

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…

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…

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…

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…

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…

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…

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

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…

5 Key Features of Our New Law Firm Website

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…

Are DUI Checkpoints Legal?

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…

Business Liability to Customers

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…

Surrogacy Agreement

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…

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%…

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…

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…

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…

DUI Probable Cause

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)…

Summary Judgment on Statutory Interpretation in Declaratory Action

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. …

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…

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…

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…

Confessions – Civilian as a State Agent

Cases:   State v. Henry Floyd Sanders and State v. Fred Chad Clark, II Facts:  In State v. Sanders the police asked a family member to wear a body wire while questioning the defendant about child sexual abuse.  The defendant argued…

Corroboration of Victim “Accomplice” Testimony

Case:  State of Tennessee v. Dewayne Collier Facts:  Defendant was convicted of statutory rape against a “consenting” victim.  On appeal, Defendant challenged the sufficiency of the evidence because under old—but surviving—Tennessee Supreme Court case law, such a victim is considered…

TN Supreme Court 2012 Cases Granted Review

Unemployment Compensation Case:  Westgate Resorts v. James G. Neely, Commissioner, et al. Facts:  Claimant worked as a time-share salesperson for Company and sought unemployment compensation following her termination.  Company asserted that Claimant is excluded from unemployment compensation as a “qualified…

Division of Military Benefits in Divorce Challenged by Vet

Peter James Barclay, a 42-year old disabled Air Force veteran, has petitioned the U.S. Supreme Court to consider whether federal law is violated by states that allow veteran disability compensation to be considered by divorce courts in calculating spousal support….

Tennessee Supreme Court Mandates Corroboration of Anonymous Tips

Police were contacted by an anonymous caller in May of 2009 who stated that an “armed party” was at a Covington motel.  No information regarding the description of the weapon, the ethnicity, gender, or physical appearance of the suspect(s), or…

Improving Attorney-Client Communications: Fifty Tips

In law school we learned how to speak to judges. Seminars teach us how to speak to witnesses and jurors. Unfortunately, very little attention is given to enhancing skills in communicating with our clients. We should always strive to improve…

Sagging Pants Against the Law

Tennessee lawmakers passed a new law that prohibits students from exposing “underwear or body parts in an indecent manner that disrupts the learning environment.”

The law leaves the severity of the punishment in the hands of individual school districts.

Expungement of Tennessee Convictions – Erasing the Past

Tennessee has a new law that will finally enable individuals previously convicted in Tennessee of many misdemeanors and certain low level felonies the opportunity to have their criminal records  fully expunged. Before only “arrests” could be expunged but now certain…

Problems Emerge Surrounding New Synthetic Drugs

A new line of synthetic drugs, sold under labels such as ‘bath salts’ and ‘Molly’s Plant Food,’ have been found to be the cause of countless deaths in the United States.  The new drug is unrelated to legitimate bath salts…

Possible Overservice of Patron Leads to Fatal Wrong-Way Crash

Rebecca Benson, 22, is facing a vehicular homicide charge for her involvement in a wrong-way crash that claimed the life of Steffanie Leonard, 29, in February.  Police maintain that Benson was driving the wrong way when she merged onto I-65…

New Legislation Proposed In Response To Growing Drug Problem

Across the nation the war on drugs has been taken from the streets to doctor’s offices, with drug overdoses account for 16 deaths per 100,000 people living in the state. An estimated 116 million Americans are suffering from long-term battles…

United States Supreme Court Says GPS Tracking Requires Warrant

The United States Supreme Court ruled today in a unanimous decision that police must obtain a search warrant before using a GPS device to track a criminal suspect.Law enforcement have begun relying on such high tech devices to track the…

Can an Order of Protection Be Expunged?

Some thirty years ago, Tennessee lawmakers first introduced laws now found in Tennessee Code Annotated 36-3-601 et seq. to protect citizens from being battered, abused, stalked, or otherwise harassed by spouses, former lovers, and even family members. The need for…

Straddling Two Lanes Does Not Justify Stop

Many people find themselves with criminal charges after a routine traffic stop. If an officer initiates a traffic stop, such officer will likely investigate for criminal activity. If you find yourself arrested after a traffic stop, the first question your…

TN Supreme Court 2011 Cases Granted Review

Personal Jurisdiction Over a Foreign Defendant Case : State of Tennessee, by and through Robert E. Cooper, Jr., Attorney General and Reporter for the State of Tennessee v. NV Sumatra Tobacco Trading Company (Tenn. Ct. App. 2011) Facts : The…

Inmates with Diabetes Have Rights when Medical Care Is Ignored

Inmates that receive poor medical care for Diabetes while incarcerated have protections under State and Federal law. Inmates may bring a claim under 42 U.S.C. § 1983 if they can establish that their constitutional rights were violated by guards or…

Check your Baggage Twice Before You Go to the Airport

Our office has seen a recent spike in cases where individuals have mistakenly carried firearms into airport security. It is surprisingly common for us to see cases where a client carries a self-defense item like brass knuckles, a knife, or…

Tennessee Joins The Fight Against Prescription Drug Abuse

What used to come from street dealers and drug lords now comes from a pharmacy safe. Like the rest of the U.S., Tennessee has seen a rapid increase in the number of prescription narcotics dispensed under the control of doctors…

Automotive Black Box Technology Under Congressional Consideration

Congress has begun weighing an expansive auto safety bill that would require all new cars to be equipped with Event Data Recorders or “black boxes” to record crash data, similar to those used in airplanes. These boxes could provide investigators…

The Legal Ramifications Of Computer Metadata

Today, technology is an essential part of how lawyers and business professionals operate. Lawyers are familiar with discovery and the requirements set forth by the courts for complying with discovery demands. Likewise, they also understand that they are only required…

Battered Woman’s Syndrome Gains Judicial Support

Recent court decisions emphasize a growing trend in the acceptance of the notion that battered partners can use force to defend themselves and even kill their abusers. This domestic violence concept, referred to as “battered woman syndrome,” is based on…

Drug Free School Zone Laws Raise Stakes in Nashville

If someone finds themselves charged with felony drug possession in Nashville, Tennessee, chances are before his or her case ever goes to a jury trial that he or she will face amended charges with the enhancing language relating to the…

Pardoned Felon Sues State Over Right To Bear Arms

Second Amendment advocates have been “up in arms” over a recent case that has resulted in a conflict between the constitutional supremacy of the pardon and the Tennessee lawmakers responsible for statutorily restricting the rights of felons. The case involves…

Liability Waivers vs. Actual Liability

Over the past couple of weeks I have been participating in a variety of activities, such as horseback riding and flight lessons, and have noticed they all have on thing in common: waivers of liability. A waiver of liability is…

Tennessee Passes Web Entertainment Theft Bill

Tennessee Governor Bill Haslam has signed a groundbreaking legislation that went into effect July 1st, making the theft of “subscription entertainment services” a crime. Previously, the state law in Tennessee deems it illegal to steal a “service.” A “service” was…

Social Security Number: When Are You Required To Provide It?

Originally created as a means of recording a person’s revenue in order to calculate the Social Security benefits they were entitled to, the Social Security number (SSN) was never intended to be a personal identifier. Even so, over time the…

Illegal to Pat Someone Down without Reasonable Suspicion

The Tennessee Court of Criminal Appeals reversed a trial court ruling last month relating to a pat down search of a Defendant outside a bar that led to the Defendant’s charge for possession of a Schedule II controlled substance. The…

The Effects of Bankruptcy on Social Security Disability Benefits

Sadly, it is not uncommon for disabled individuals to struggle with their financial responsibilities due to the inherent difficulty in working. Those receiving Social Security disability benefits with debt problems frequently turn to debt settlement services. Debt settlement services cease…

Handwriting Analysis and the Law

Handwriting analysis, also known as graphology, is the study of handwriting to determine a person’s personality. Graphologists study script characteristics such as pressure, continuity, letter proportions, the length and angle of strokes, and the slope of the writing to create…

A State Misdemeanor Citation without a Description is Void

From time to time, as a Criminal Defense Attorney I encounter individuals charged with State Misdemeanor Citations wherein the police officer failed to provide a description of the underlying actions. In a recent Tennessee Court of Criminal Appeals case, State…

An Inability to Pay Restitution Won’t Get You Put in Jail

In many cases a person may be placed on probation with an order of the court to pay restitution. Such a situation is very common in theft cases or situations where another party suffers personal injuries or property damage in…

“Caylee’s Law” Center of Debate in Tennessee

The recent acquittal of Casey Anthony for the murder of her two-year old daughter, Caylee, has sparked an increasing amount of controversy and brought possible weaknesses in the law to light. A focal point of the controversy was that Casey…

New Tennessee Law Lessens Search Warrant Requirements

A new Tennessee law went into effect July 1, 2011 for the purpose of relaxing the requirements for search warrants. Courts in Tennessee have long upheld the simple yet strict rules for obtaining and executing search warrants in criminal cases….

Police Beating Caught on Tape

David Raybin, a prominent member of Hollins, Raybin and Weissman, will be handling the civil rights lawsuit of a man critically beaten by members of the Humphreys County Sheriff’s Department. Darrin Ring, 35, alleges the use of excessive force by…

Tips For Successful Cause Challenges

Oftentimes, the success of a case can be greatly influenced by an attorney’s approach to jury selection. Likewise, the aspect that an attorney is in the most control over during this process is the construction and justification of cause challenges….

Casey Anthony Found Innocent On Murder Charge

After nearly eleven hours of deliberation, Casey Anthony was found innocent of the murder of Caylee Anthony, her two year old daughter. However, the jury did find Casey Anthony guilty of four counts of lying to a police officer connected…

Tips For Handling An Insurance Claim

Being rear ended during the early morning rush hour or straining your back while on the work site, accidents happen. Knowledge is one of the most important tools you can have when misfortune strikes. Most people would agree that the…

Tennessee Mosque Under Protest

Freedom of religion is a constitutionally enjoyed right; however, recent protest in Murfreesboro, Tennessee has made it unclear how far that right extends. In November of last year, a local congregation of 250 Muslim families purchased a 15-acre lot on…

Attempting to Give Breath Test May Help Avoid a DUI

Everyone has probably heard at one time or another that you should always refuse to give a breath test if you have been drinking alcohol. I don’t give the same advice. I simply tell my friends and family not to…

Images Causing “Emotional Distress” Banned Under Tennessee Law

In a response to the recent rise in scandals involving the transmission of offensive material over the internet, the Tennessee legislature has passed a new law deeming it a criminal offense for anyone who “communicates with another person or transmits…

Tennessee Lawmakers Ease Search Warrant Requirements

This past Legislative Session, Tennessee Lawmakers passed the Exclusionary Rule Reform Act thus easing this State’s strict search warrant requirements. The law will take effect on July 1, 2011 and will allow a good faith exception to mistakes made in…

If You Smoke Marijuana in Your Home, Be Very Quiet

Police will now have a much easier time justifying themselves if they force their way into your home without a warrant as a result of a United States Supreme Court opinion (Kentucky v. King) released on Monday. The Court justified…

3 Strikes Law Lands Marijuana Offender in Prison for Life

A Louisiana Judge made national news this month after sentencing a 35 year old man to life in prison after his 4th conviction for possession of marijuana. The criminal defendant had previously been given probation in each of his prior…

Window Tinting May Get You Pulled Over in Tennessee

Much like an expired license plate or a broken taillight, tinted windows can be used by police officers in Tennessee to make a vehicle stop. Tenn. Code Ann. § 55-9-107 prohibits driving a car that has windows that have been…

Nashville Judge Finds New DUI Law Unconstitutional

As I predicted in my last blog entry, the new law designed to prevent those charged with repeat offense DUIs from receiving an immediate bail was challenged and found to be unconstitutional. Judge Mark Fishburn ruled that the new law…

TN Supreme Court 2010 Cases Granted Review

Savings Statute and Statue of Limitations in Medical Malpractice Action In Shaw Howell, Individually and as Administrator for the Estate of Jesse Franklin Browning, Jr. v. Claiborne and Hughes Health Center, Appellant filed a claim in 2007 in the name…

Fake IDs can lead to trouble in Nashville

Some college students, or anyone under 21 for that matter, think going out in downtown Nashville just can’t be done without a fake id. Many of the local bars require patrons to be 21 or older to gain entrance. The…

Careful when loaning your car to a friend or family member

When a parent lends their car to their son or daughter several worries probably come to mind, but it is doubtful that many ever consider that their son or daughter may transport illegal drugs in such car subjecting the car…

Tennessee Criminal Law: Consecutive or Concurrent Sentences?

It is within the sound discretion of the trial court whether or not an offender should be sentenced consecutively or concurrently. State v. James, 688 S.W.2d 463, 465 (Tenn. Crim. App. 1984). A court may order multiple sentences to run…

If you drink alcohol in Nashville, better stick to plastic cups

Tennessee Code Annotated 55-10-416 makes it absolutely illegal for the driver of an automobile to possess an open container of alcohol. The law does not forbid a passenger from possessing alcohol or other persons not in an automobile from possessing…

Careful of Fake Purses, Watches, and Jewelry

Ever wonder how people get away with selling fake Rolexes on the street or imitation designer purses? You might think that this sort of thing would be illegal and it is. 18 U.S.C. 2320 makes it illegal to traffic in…

Getting Your Friend Out of Jail in Nashville, Tennessee

One of the first calls that an attorney may receive about a prospective client may come from a friend or family member, who is calling on behalf their loved one, who is behind bars. Typically the first thing that person…

In Tennessee, A Conviction Today May Cost You a Job Tomorrow

Vince Wyatt had an article that was recently featured in the Tennessee Bar Journal relating to the consequences of a conviction. In such article, he discussed how individuals can be prevented from practicing many occupations due to a felony or…

Tennessee Parole Hearings

Tennessee Code Annotated 40-28-105 establishes the procedures relating to Parole Hearings in Tennessee. Pursuant to such statute, parole hearings are held in jails, department of correction facilities, and other locations within the state where eligible offenders come under the review…

Pardoned convict sues Tennessee over right to bear arms

David Raybin recently filed a lawsuit against the state of Tennessee, the Governor of Tennessee, and the Attorney General of Tennessee after his client was denied a right to purchase a firearm even after receiving a full pardon from his…

Bond Source Hearing Required in Davidson County (Nashville)

In Davidson County (Nashville, Tennessee), the General Sessions and Criminal Courts require a bond source hearing pursuant to Tennessee Code Annotated 39-11-715 before any bond can be posted of $75,000 or more or before any person can post a cash…

Arguing with Police Officers does not equal Disorderly Conduct

In a recent Tennessee Court of Criminal Appeals decision in State v. Teddy Ray Mitchell, the court found that the Defendant’s actions by arguing with police officers did not violate the law against disorderly conduct. In this case, the Defendant…

Lawyer seeks to vacate conviction after death

KoulisMotion Letter.pdf David Raybin recently filed an appeal with the Tennessee Court of Criminal Appeals seeking to vacate the conviction of his client, Dr. Christ Koulis, a former plastic surgeon that was convicted of criminally negligent homicide in Franklin, Tennessee…

In Tennessee you better be direct when asking for an attorney

The Tennessee Supreme Court recently held in State v. Turner that when a person asks a police officer to retrieve his cell phone, which apparently contained the cell phone number of a pre-paid legal services provider, and telling an officer…

What happens to me in Tennessee if I am charged with a probation violation?

Our office represents individuals charged with probation violations in Nashville (Davidson County), Tennessee and surrounding counties including Wilson, Williamson, Dickson, Sumner, and Robertson Counties. A probation violation is something to take very seriously. Since the court does not give any…

Injured Nashville Man recovers $95,000 in personal injury claim

A Nashville resident, Anthony McCoy, recovered $95,000 from Metro in a highly publicized lawsuit covered by the Tennessean. Mr. McCoy suffered significant dental damage when a Metro Sheriff’s Deputy forceably ripped his cemented dental grill out of his mouth. “Fighting…

Nashville Tennessee Forfeiture of Car for Drug Possession

Nashville and other Middle Tennessee Police officers often seize automobiles when they find drivers in the possession of drugs. Tennessee law permits law enforcement to confiscate an automobile that is used in to transport illegal drugs. The person found in…

Nashville DUI Checkpoints

As Nashville celebrates the holiday season, the DUI Task Force rolls out over 50 checkpoints to tag drivers for DUI. From December 18 through January 3, law enforcement will sponsor increased numbers of checkpoints across the Middle Tennessee. Tennessee traffic…

D.U.I. Cases Dismissed

D.U.I. charges were dropped in twenty cases involving Chicago Police Officer Richard Fiorito. Fiorito is accused of making false DUI arrests. The dash cam videos from Fiorito’s squad car were released Monday. Fiorito wrote in his police report that one…