Serious Injuries in a Multi-Vehicle Pileup
One minute, you may be cruising down the road, only to find yourself braking and swerving, trying not to hit the vehicle in front of you. While you may successfully avoid a collision, the two motorists behind you fail to brake in time, causing you severe injuries. Each year, thousands...
Five Seatbelt Facts That Will Convince You to Buckle Up
Each year, seatbelts save the lives of approximately 15,000 people. Given the overwhelming evidence showing the safety ramifications of wearing a seatbelt, thousands of people still choose not to buckle up. As of 1986, Tennessee law requires vehicle occupants to wear a seatbelt, with law enforcement issuing tickets to unbuckled...
How Long Does it Take to Resolve a Car Accident Case?
Following a crash, you may feel panicked. If you sustain injuries, you may be burdened by medical bills, all while trying to keep up with the costs of everyday living. Many accident victims are unable to work, creating further financial distress during an already stressful time. With all the unknowns...
How to Choose the Right Social Security Disability Lawyer for Your Case
If you have a disability that limits your ability to work or prevents you from working entirely, you may consider applying for social security disability. However, your disability must be expected to last at least one year or result in death for Social Security to approve you. Benefits will depend...
When Should You Accept a Settlement After a Truck Accident?
An accident with a commercial vehicle or any type of large truck can cause devastating injuries. Injuries in truck accidents are often suffered by occupants in other vehicles, with over 86,000 injuries occurring in 2023. If you have been involved in a truck accident, you may be seeking relief for...
Car Accident Statute of Limitations
If you have recently been in a car accident in The Volunteer State, you only have one year to file a personal injury claim and three years to recover for property damage. These statutory deadlines, known as a statute of limitations, are in effect to ensure fairness in our judicial...
How to Maximize Compensation After a Car Accident
With over 2.6 million people rushing to the emergency room following a motor vehicle crash each year, it is no wonder that an insurance payout from an accident involving serious injuries can easily reach high six figures. In the aftermath of a collision, you may find yourself unable to work,...
Defending Students’ Rights in the Wake of Honor Code Violations
An honor code is a pledge taken by students that they will maintain a level of integrity and professionalism in abiding by academic standards and treating each other with respect. Students who conduct themselves in accordance with these standards build an atmosphere of dignity and trust. Any student who engages...
Redefining Justice in Music City
By Author David Raybin Music City is no stranger to the power of lyrics, but what happens when they are used against someone in a courtroom? Attorney David Raybin recently made waves in Tennessee’s legal community by successfully appealing the conviction of William Britton, whose rap lyrics were improperly used...
Tennessee Appeals Court overturns Nashville conviction based on rap lyric evidence
Merely singing about shooting a sheriff would not convict Bob Marley of murder, no more than writing about burying a man under the floorboards would convict Edgar Allen Poe. But rapping about “a bloody murder scene, it’s killing season,” did help convict William Britton of second-degree murder in 2022, attorney...
Deadliest Year for Pedestrians in Nashville, TN
Nashville Pedestrian Accidents on the Rise Statistics tell us that Nashville is an increasingly dangerous city for pedestrians. According to nashvillelook4me.com, on average, a pedestrian is killed every 21 days in Nashville. And with the city’s population growing rapidly and our streets becoming increasingly congested, the trend is moving in...
What if the Driver Who Caused the Accident Was Texting or Distracted?
Distraction has become a serious problem on our roadways, and the fact that it can be difficult to prove leads many experts in the field to believe that it is underreported. While distractions can take many forms, texting is considered the most dangerous – by a long shot. If you...
Helping Vanderbilt Students Understand Honor Code Violations
The Vanderbilt Honor Code is not something to take lightly. Many students are so consumed with their schedules and exams that they neglect the Honor Code. Yet, violating the Honor Code can lead to severe consequences, including suspension or expulsion. Students must treat potential violations with the same seriousness as...
Can I File a Claim if My Car Was Parked and Another Car Hit It?
It can be quite a shock to return to your car after enjoying a leisurely lunch, running a quick errand, or doing virtually anything else, only to find that it’s been hit. If you were in the car at the time, however, the matter is that much more serious. A...
Raybin & Weissman, P.C. Announces 7 Clients Obtain Pardons from Tennessee Governor in 2024
Raybin & Weissman, P.C. is pleased to announce that seven of our clients obtained pardons from Tennessee Governor Bill Lee on December 20, 2024. This is a result that allows our clients to move forward from criminal convictions with forgiveness from the state and full restoration of their rights. If...
What to Do if You’re in a Car Accident while Driving a Rental Car
Car accidents are terrifying events that can leave you in a state of shock – with no idea about how best to protect yourself moving forward. If the car you were driving was a rental car, the matter is likely to be that much more confusing. If someone else’s negligence...
Is Dash Cam Footage Used in Trial?
By Author David Weissman These days, it seems like cameras are watching you everywhere you go. With the advancement of technology, motorists commonly install dash cams that attach to the windshields of their vehicles, filming what is happening outside the vehicle. Depending on the type of dashcam, you may be...
What Do I Need to File an Accident Report?
By Author David Weissman If you travel in the Volunteer State, it is important that you understand the laws surrounding motor vehicle accidents and when you are required to contact the authorities. If you were involved in an accident in Tennessee, you may not know if you need to file...
What Constitutes Domestic Assault in Tennessee?
By Author Ben Raybin Tennessee law defines domestic assault as causing a family member or roommate bodily injury, fear of harm, or contact that a reasonable person would find extremely offensive. If you are facing allegations of domestic violence, these accusations must be taken seriously. Domestic assault charges will not...
Resources Available to Victims of Domestic Violence in Nashville
By Author Ben Raybin Domestic violence may involve verbal or physical abuse. It can make victims feel worthless and incapable of coping with the stresses of daily life. Many victims of domestic violence find it difficult to trust others again, making it difficult to form lasting relationships. If you have...
Failure to Yield Motorcycle Accidents
Author: David Weissman Motorists who fail to yield right-of-way to motorcyclists contribute to thousands of motorcycle accidents each year. Given the lack of protection afforded by a motorcycle, motorcyclists are susceptible to sustaining severe injuries, permanently changing the course of their lives. Under Tennessee law, failure to yield resulting in...
What are the Potential Penalties for Domestic Assault Charges?
Author: Ben Raybin Contrary to popular belief, throwing objects or even touching someone can be considered domestic assault if the individual finds the contact offensive. If prosecuted under state law, you could face imprisonment, steep fines, and mandatory counseling, among other punishments. Given the harsh penalties under Tennessee law, it...
What are the Long-Term Consequences of a Domestic Violence Conviction?
Author: Ben Raybin If you are facing allegations of domestic violence, you must take these accusations seriously. Domestic violence does not necessarily have to involve physical touching but can result from an individual feeling threatened by your behavior. If convicted, you could be dealing with severe penalties. This does not...
Statute of Limitations on a PI Case in Tennessee
Author: David Weissman Whether you have been the victim of a car accident, slip and fall, or dog attack, it is difficult to anticipate the full extent of medical expenses and lost income. Injury victims will have a limited amount of time to seek recovery, differing based on the state...
How Long After a Car Accident Can Injuries Appear?
Author: David Weissman If you’ve been involved in a car accident but don’t think you were injured in the process, it’s important not to rely solely on your first impressions. The fact is that there are a range of reasons why an injury may not be immediately apparent, and some...
Can I Leave the Scene of an Accident if Nobody Else Was Involved?
Author: David Weissman The truth is that not all single-vehicle accidents like yours are caused by negligence on the part of the lone driver, which makes these cases less cut-and-dried than many people think. In Tennessee, if you are involved in an accident that causes injury or property damage over...
Can My Insurance Company Sue Me after an Accident?
Author: David Weissman If you’re injured by another driver’s negligence, you’ll very likely file a claim with that driver’s car insurance provider. If they don’t carry the insurance they’re required to by law, or if they don’t carry enough to cover your losses, you can sue them directly, but this...
What Happens if You Have No Insurance, but the Other Driver Was at Fault?
Author: David Weissman The State of Tennessee is a fault-based state when it comes to car accidents, which means that at-fault drivers are responsible for covering the losses that their victims suffer, and related claims generally go through the at-fault drivers’ car insurance policies. When you work closely with an...
Can You Fight an At-Fault Accident?
If you were injured because of someone else’s negligence but the other side is assigning fault to you, such as in a traffic crash or a slip and fall accident, you have legal options that include fighting for your legal rights and pursuing the compensation that you’re owed. Toward this...
Killer, Killer, Take a Life
Can song lyrics be used as evidence in a murder trial? 🎤 The Tennessee Court of Criminal Appeals is grappling with this controversial question as they review the case of rap artist William Britton, convicted of second-degree murder. Defense attorney David Raybin argues that his lyrics, including “Killer, killer, take...
What Happens if Both Drivers Leave the Scene of an Accident?
If you were injured or suffered property damage to your vehicle in a car accident that was caused by another driver’s negligence, it could leave you in a state of shock that makes it difficult to make good decisions. While both motorists are required to exchange contact information as well...
Injured in Jail? Contact Our Prison Negligence Attorneys
The Eighth Amendment guarantees inmates protection from “cruel and unusual punishment.” Under federal law, inmates are afforded protection from abuse and unsafe prison conditions. Even though your freedom is taken away from you in prison, prison personnel are prohibited from using excessive force or imposing unreasonable punishments on inmates. Our...
How to Expunge a DUI Record
No matter what state you reside in, driving under the influence is a serious offense, punishable by imprisonment, fines, and license revocation. The offense cannot be expunged from your record if you have been convicted of a DUI in the Volunteer State. However, if the charge was dismissed, then you...
Changes to Social Security Disability Benefits in 2024
Social Security allows individuals with limited financial means to access necessary benefits. Created by President Franklin Roosevelt, It is a federally funded program that allows the elderly, disabled, and low-income individuals to avoid poverty. If you are planning on applying for Social Security disability insurance (SSDI) this year, our disability...
Do You Need a Lawyer to Apply for SSI or SSDI Benefits?
Individuals who apply for SSI or SSDI often have limited resources and little income. Applying for benefits requires that you submit accurate and complete information, something that you want to get right the first time. If you are in the process of applying for SSI or SSDI, you should obtain...
Common Tourist Accidents in Nashville
While downtown Nashville is known for its country music scene and lively nightlife, the area is not particularly safe for tourists. Given the city’s rich culture, downtown Nashville has seen an increase of cars on the road, causing an uptick in traffic accidents. The data cannot be mistaken, with almost...
Ben Raybin Discussing Possible Criminal Charges After a Baby Died From a Benadryl Overdose
Ben Raybin’s recent interview on Fox17 discussing possible criminal charges for an unlicensed daycare operator after a baby died from a Benadryl overdose.
Common Injuries from Bicycle Accidents
In 2021, 41,615 cyclists suffered an injury on our country’s roads, a seven percent increase from the year prior. While the reason is not entirely clear, motor vehicle operators do not always see pedal cyclists. Especially between dusk and dawn, cyclists are at a higher risk of being struck by...
Ben Raybin on the Tennessee Supreme Court’s Decision Regarding How Police Consider the Odor of Cannabis
Check out Ben Raybin’s interview on the Tennessee Supreme Court’s recent decision regarding how police can consider the odor of cannabis during traffic stops. Ben co-authored an amicus brief urging the Court to modernize the law now that hemp is legal.
What are the Consequences of Indecent Exposure in TN?
Although the crime of indecent exposure may seem relatively harmless (merely offensive), the Tennessee legislature has imposed harsh penalties on offenders. Depending on the circumstances and if you have prior offenses, indecent exposure may be charged as either a misdemeanor or felony. Simply being accused of indecent exposure can permanently...
Is it Illegal to Walk on the Highway in Tennessee?
Pedestrians have as much of a right as motorists to be on the road. At one time or another, most of us have been pedestrians, making us aware of the dangers of sharing the road with motor vehicles. Although pedestrians have a right to walk on any road in the...
What Happens When Someone Dies Due to a Car Accident?
In 2022, over 42,000 people died in motor vehicle crashes in the United States, with the Volunteer State experiencing just over 1,300 fatalities. With society being in a constant rush and the roads becoming increasingly busy, fatal car accidents are only expected to rise in the coming years. The pain...
Disorderly Conduct in Davidson County TN
Disorderly conduct is considered any act that disturbs the peace or safety of the general public. Although it is a misdemeanor offense in Tennessee, which can land you in jail for up to 30 days, the punishment does not end there. You will also have a criminal record, making finding...
Internal Injuries After an Accident
One of the most serious consequences an accident victim can suffer is internal injuries. These types of injuries can be fatal and can affect anyone. Internal injuries are often difficult to detect. If you fail to receive treatment for these injuries, it can result in life-threatening consequences. That is why...
Should I Go to The Emergency Room or Urgent Care?
You should go to the emergency room if you are suffering from a medical emergency, and you should go to urgent care if you’re suffering from mild to moderate injuries that are not life-threatening. Either way, it is always recommended to get medical attention immediately after getting injured in an...
What are Disorderly Conduct Crimes and Who Can Help?
Disorderly conduct is a misdemeanor offense in Tennessee. Even still, it can leave a criminal record in its wake and severely damage your reputation. You will be convicted of a Disorderly conduct crime if the state prosecutor can prove beyond a reasonable doubt that you were in a public place...
What If The Other Driver Does Not Have Insurance?
When you get into a motor vehicle crash, and the other driver does not have auto insurance coverage, the situation will become more complicated than if they had insurance. This is especially true if they caused the crash and are responsible for compensating you for your injuries and other damages....
Injured by a Drunk Boat Driver
Many people do not understand the hazards of drinking while boating. Boating under the influence (BUI) is illegal in every state, including Tennessee. In 2023, 31 BUI arrests were made in the Volunteer State over the Fourth of July weekend alone. Studies show that a drunk boater will have a...
Can You Receive Compensation From a Store if You Are Injured?
You run into your local grocery store to grab some last-minute items for dinner when, suddenly, you take a nasty fall. The floor has a sticky substance, making it slippery, a spill that was never mopped up. A tragic experience, many people do not realize that they may be entitled...
How Long Do They Hold You for Public Intoxication in Tennessee?
The answer to “How long do they hold you for public intoxication in Tennessee?” will significantly differ based on the specific circumstances of each case. Under Tennessee law, the police are legally required to take into protective custody intoxicated people who are not violating the law instead of arresting them....
What Should I Do if My SSD Application is Denied?
Having a disability can impact your ability to make a living. If you are unable to work, you may qualify for Social Security Disability (SSD) benefits. Unfortunately, individuals who qualify for benefits can still have their applications denied by the Social Security Administration (SSA). If your SSD application has been...
Are There Slip and Fall Laws in Tennessee?
Yes. Tennessee has stringent slip and fall laws. These are also called premises liability laws and are designed to protect the rights of people who have suffered an injuries in slip and fall accidents. An essential slip and fall law that injury victims must know is that they have the...
What is Aggravated Stalking?
Aggravated stalking involves an offender stalking someone, and one or more of the following aggravating factors apply to the current stalking offense: The offender brandished a deadly weapon. The offender had a prior stalking conviction within seven years of the current stalking incident. The stalking victim is below 18 years...
How Can Drivers Reduce Risks at a Railroad Crossing?
Accidents can take place anywhere on the road, but drivers are at an increased risk at railroad crossings. In 2021, there were 1,600 collisions between vehicles and freight and commuter trains, with 500 collisions at railroad crossings. This resulted in 133 fatalities and 644 injuries. If you drive in the...
Should the Police Advise Me of My Miranda Rights?
If you have ever watched a police procedural and legal drama such as Law & Order, you are used to hearing a criminal suspect being read Miranda rights. Most people assume that if you are arrested, your Miranda rights must be read to you, but that is not always the...
Attorney David Raybins National Bar Association Oral History
The Nashville Bar Association’s Historical Committee conducts video interviews with senior NBA members.
If Someone Falls on Public Property, Who is Liable?
You are at your favorite park when you lose your footing due to a large crack in the sidewalk. You end up tearing a ligament in your knee, requiring immediate surgery. While recovering from surgery, you keep wondering how you are going to pay for your medical bills. Tennessee premises...
Can I Be Charged With a Crime Without Being Arrested?
Facing criminal charges can be intimidating. Whereas being charged with a crime is often preceded by an arrest, there are situations in which you can be charged with a crime without being taken into police custody. It is even possible that you could receive a notification that you must appear...
How Do I Apply for SSD Benefits?
Each year, about two million people apply for disability benefits. If you develop a medical condition that prevents you from working, you may consider applying for SSD benefits yourself. However, the requirements to qualify can be confusing, making it difficult to understand your eligibility. In this article, our Nashville Social...
What to Do After a T-Bone Accident?
If you have been involved in a T-bone accident, you may require surgery in combination with physical therapy to fully heal. This does not begin to cover the damage done to your vehicle. Between medical expenses, lost time from work, and the cost for a mechanic to repair your vehicle,...
Do I Have the Right to Call My Lawyer Before Taking a Breath or Blood Test?
A DUI comes with severe penalties. With a conviction heavily based upon chemical testing, you may feel the urge to call your attorney the next time a police officer pulls you over. But do you have the right to refuse testing? In this article, our TN DUI defense lawyers discuss...
Can Domestic Violence Include Sexual Abuse or Sexual Harassment?
In 2021, there were 67,590 cases reported of domestic violence in the Volunteer State. If charges are pressed against you, you will be charged with domestic assault under Tennessee law. A person can be charged with domestic assault if they injure or cause another person fear of injury or if...
What Are the Rules of Parole in Tennessee?
Parole is a condition of early release for some inmates serving jail or prison sentences, and the rules for successful completion of parole are exacting. Having a better understanding of what’s expected of you can help to ensure that you are successful and having an experienced Nashville criminal defense attorney...
What Happens to My SSDI Benefits When I Reach Full Retirement Age?
If you receive SSDI benefits, you may have questions about what happens when you reach retirement age. The truth is that maximizing your benefits – by striking the right balance between the two – is important to your financial well-being. While this is a straightforward issue, there are other concerns...
What Are the Most Dangerous Vehicle Bridges in Nashville?
While dangerous car accidents can happen anywhere – and often do – some of the deadliest and most terrifying happen on bridges, and Nashville has no shortage of these dangerous accident sites. If you’ve suffered an injury in a car accident that was caused by another driver’s negligence and takes...
What Will Retaining a DUI Lawyer Cost Me?
If you’re facing a DUI charge, you’re facing considerable fines and financial penalties in addition to how heavily a jail sentence and its social consequences can weigh on your life. While you may have serious concerns about what hiring an experienced Nashville DUI defense attorney is going to cost you,...
How Long Does It Take to Settle My Personal Injury Case?
Whether you were injured when you slipped on a wet floor, were hit by a distracted driver, or fell off defective scaffolding, you likely have a personal injury claim. While litigated cases may be resolved in less than one year, more complex cases can take a year or more to...
Congratulations to Ben Raybin for obtaining a full dismissal of all charges against his client
“Prosecutors have dropped the criminal charges Wednesday against James Marshall Hyzdu, the recently resigned president of Archbishop Moeller High School. Hyzdu, 45, was arrested outside a Nashville bar in March. He was charged with criminal trespass, public intoxication and disorderly conduct, all of which are misdemeanors. He was placed on...
What to Do if My Injury Claim is Denied in Davidson County
Each year, Americans pay thousands of dollars in car insurance premiums. It is estimated that Tennesseans will pay over $1,500 on average in 2024, with residents in some states paying close to $2,500 yearly. Most of us view insurance as a security blanket that will help us when needed. If...
Attorney David Raybin, makes the 2024 In Charge list.
Representing people to call on to make the city the best it can be. “Co-Founder, Raybin & Weissman: High-profile criminal defense attorney last year represented parents of Covenant shooter. Has defended Nashville police officers.” Read more in this Nashville Post article: https://www.nashvillepost.com/magazine/leaders_2024/in-charge-2024-legal/article_b1b000fa-eb80-11ee-80ad-939cd17e32f7.html
What are the Stages of a Criminal Case in Tennessee?
If you have been accused of a crime, you are probably wondering about the stages of a criminal case. Many criminal defendants have no idea of court procedures and how long it will take for their case to resolve. The foremost question on your mind may be, “How many times...
How Can I Get a Pardon in Tennessee?
In December of 2023, Governor Bill Lee issued 22 pardons. These pardons gave past offenders the chance to start over. The governor of Tennessee has the power to pardon anyone convicted of a crime. To be eligible for a pardon, an applicant must have completed his or her prison sentence...
How to Sue an Insurance Company After a Truck Accident
Under Tennessee law, you cannot directly sue an insurance company after a truck accident. As such, the legal action will be brought against the against the truck driver and the trucking company. However, the reality is that you are actually suing an insurance company- one with deep pockets. Our Nashville...
Does an Order of Protection Stay on Your Record in Tennessee?
An order of protection is a court order that may be filed against you in domestic violence, abuse, or sexual assault cases. The order of protection can be obtained by someone who alleges that you hit or threatened to cause them physical harm. This person may or may not have...
How Long Do Most Domestic Violence Cases Last?
In a recent year, there were over 84,000 domestic violence offenders in Tennessee. Also known as domestic abuse, domestic violence is a pattern of abusive behavior used by one partner to gain control over another person. The police are often told to arrest the “primary aggressor” when receiving a domestic...
Who is Liable When Bad Weather Causes an Accident?
When conditions are hazardous, accidents are bound to happen. Examining a recent five-year period, there were a total of 193,487 accidents in the Volunteer State. Ranked as one of the least snowy states in the country, it is no wonder that Tennessee drivers do not know how to drive in...
Ben Raybin representing mother against Davidson County jail
“Beth York was Christmas shopping for her daughter when the jail called to say she had died. Her daughter, Jacqueline, 25, died after hanging herself in the Davidson County jail. She had suffered from mental health issues for years. ‘In an attempt to cut costs Wellpath had somebody that wasn’t...
If Someone Falls on My Property, who is Liable?
Slip and falls can happen at work, school, the grocery store, a parking lot, or even at a friend’s house. No matter the location, a slip and fall can result in serious injuries requiring hospitalization. Tennessee has strict laws regarding the responsibilities of property owners. All property owners have a...
How Does a Criminal Record Affect Someone?
The implications of a criminal record can affect your ability to live a quality life. Even an arrest will show up on your criminal record, which can be seen by a potential employer. Additionally, you may be unable to attend a certain college, get your professional license renewed, and lose...
What are the Most Dangerous Highways in and Around Davidson County?
Nashville is well-known as the home of country music. A main tourist spot, the city has a network of nine highways, causing traffic congestion to be an ongoing issue. While ease of access is a plus in Nashville and Davidson County, these highways are known to be a major source...
What is the Appeals Process in Tennessee?
If you are facing criminal charges, the ramifications of a conviction can be life-altering. If the court’s ruling is not in your favor, you have the right to appeal the decision if you believe that there was an error during the trial or sentencing. The criminal defense lawyers at Raybin...
Ben Raybin interviewed on county music star Chris Young arrest
Following the arrest of country music star Chris Young, video emerged showing the alleged assault. Attorney Ben Raybin was asked to provide a legal analysis for Channel 5 about the laws regarding assault and whether the video supported the charges. According to Raybin, “My legal opinion is that Chris Young...
Can I Sue a Grocery Store If I Fall and There is No Signage?
Slip and fall accidents due to lack of signage, such as wet floor signs, may result in various serious injuries, from sprains and broken bones to life-altering head injuries or spine damage. If you did not notice that the grocery store floor was wet due to the lack of warning...
Are Pedestrian Accidents On The Rise in Nashville?
According to the Tennessee Department of Transportation (TDOT), the deadliest year for pedestrians in Nashville is 2022, with 49 pedestrian fatalities. Preliminary data from the TDOT shows that pedestrian accidents in the city are slightly lower than in 2022. As of October 2023, 91 pedestrian crashes involving serious injury and...
How Do I Qualify for SSD?
You may qualify for Social Security Disability (SSD) benefits from the Social Security Administration (SSA) if you suffer a disability before you retire from work. Workers who are disabled or blind are legally entitled to SSD benefits. However, they must meet specific eligibility requirements: They must not have reached their...
Can I Get a DUI If I Am Not Driving?
Yes. You can get a DUI in Tennessee even if you are not driving. This means you can get arrested by the police and charged with DUI even if you were not physically driving your vehicle and they don’t have proof that you were driving. A DUI conviction, even if...
Is My License Taken Away After One DUI?
Your driver’s license can be taken away after one DUI in Tennessee. If you are convicted of a first-offense DUI in Tennessee (or a violation of the implied consent law for refusing a breath or blood test), your license will be revoked for one year. You can, however, apply for...
Can You Own a Gun in TN If You Are Arrested for Domestic Assault?
In many situations, you may be prohibited from owning a gun or other firearms if you are arrested for domestic assault in Tennessee. Under the law, if the responding officer reasonably believes that you have committed a domestic violence offense, they have the right to confiscate any weapons, including a...
What You Need to Know When Charged With Domestic Violence
You should not take domestic violence charges lightly because a conviction can result in severe penalties and personal, professional, and social consequences for a long time. Domestic violence charges are often referred to as family offenses because of the victims involved. Domestic violence crimes are those committed against family members,...
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 an open container. However, despite the fact that Tennessee law...
Can You Sue a Bar or Nightclub for Assault?
Nashville bars and nightclubs are popular places to go out, relax, and have some fun. However, with big crowds, the consumption of alcohol, and other factors present in nightclubs, sometimes things can go awry. If you were injured or assaulted at a nightclub, you might be wondering what your rights...
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 other end? What happens if your pocket dial is recorded?...
I Got Into an Accident With a Rental Vehicle
Motor vehicle crashes are inherently stressful and confusing, especially if you suffer property damage and serious injuries. However, getting into a crash with a rental or rental vehicle can be even more confusing because you can’t be sure of the legal and financial consequences. The main reason for this is...
Do You Have to Post No Trespassing Signs in Tennessee?
Entering or remaining on someone else’s property without the owner’s consent is called criminal trespass in the State of Tennessee. Property owners who want to lower the risk that someone will trespass on their property can post no trespassing signs, which let outsiders know that trespassing is strictly prohibited on...
Can You Get Arrested for Self-Defense in Davidson County, TN?
Imagine you had to defend yourself from an attacker. It was a terrifying experience, but you managed to fight them off, as you were armed and, therefore, escaped unharmed. Unfortunately, the attacker was not so lucky. They were badly injured and later died in the hospital. This type of case...
Can You Go to Jail for Fighting in Public?
Maybe you had a little too much to drink at the bar one night and let a disagreement get out of hand. Or perhaps you were standing up for someone or trying to prove a point. Whatever your reasons and the specific circumstances, you were caught fighting in public. Now...
Charges for Disorderly Conduct Arrest in Tennessee
Tennessee has disorderly conduct laws in place to ensure everyone’s peace and safety. When a person engages in any conduct that might lead to a disturbance or cause some kind of non-peaceful incident, the law considers this disorderly conduct, which is also known as a breach of peace. However, this...
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 to immediate seizure and forfeiture. In Tennessee, the law allows...
Does SSD Have Short Term or Partial Disability?
Unfortunately, no. Social Security Disability Insurance, commonly known as SSD, only covers individuals suffering from a total disability and does not cover short-term or partial disability. SSD benefits, which are administered by the Social Security Administration (SSA), aim to provide benefits for those who have severe disabilities, such that they’re...
Statute of Limitations on a Slip & Fall Case in Tennessee
A seemingly minor slip and fall accident can potentially cause major injuries or death. If you’ve suffered injuries in a slip and fall accident because of another’s negligence, you have legal protections and rights under the law. One of these is the right to pursue compensation for your injuries and...
What Does Date Last Insured Mean?
Social Security Disability Insurance (SSDI) is coverage that’s specifically intended for individuals with disabilities. Like all types of insurance policies, eligible individuals will only receive benefits for a predetermined period. The coverage expires once this period has passed. This means you will not be able to receive benefits if you...
Who is Liable in a Car Accident Caused by a Defect?
Whether you drive a sedan, SUV, electric car, or minivan, all drivers or vehicle owners want a safe and reliable vehicle that will not need multiple visits to the repair shop and keep them and other road users safe on the roadway. However, some vehicles are rolled out with design...
What Constitutes Domestic Violence?
Tennessee courts take domestic violence cases very seriously. If you have been accused of or arrested for a domestic violence-related offense, you must be ready to defend yourself or face the harsh punishments of a conviction. The Tennessee domestic violence lawyers at Raybin & Weissman can help with various domestic...
What Insurance Covers Uber Accidents?
Since it launched in 2009, Uber has transformed the transportation industry all over the world. With the touch of a button, customers can request and pay for a ride to anywhere they want to go. The existence of Uber ridesharing has made finding a ride for a night out on the town...
Were You Arrested While Visiting Nashville?
While getting arrested is a scary experience for anyone, it can be even more terrifying and stressful when you get arrested while visiting another state. If you live in another state and get arrested in Nashville, TN, for instance, you just can’t go home and pretend that it did not...
What is a Contingency Fee?
If you’ve been injured and want to file a personal injury claim against the negligent party, you’ve probably started looking for a Davidson County personal injury lawyer to represent you. You’ve also probably seen lawyers claiming that you will not have to pay them if they don’t win your case...
When Are The Most Dangerous Times to Ride a Motorcycle?
Riding a motorcycle is inherently more dangerous than driving four-wheeled motor vehicles simply due to the fact that riders are more exposed, are not wearing seatbelts, are not protected with a steel frame, and are less stable since motorcycles only have two wheels. If you get into a motorcycle crash,...
How Do You Determine Fault in a Slip and Fall Case?
Slips and falls are more hazardous than you may realize. Approximately one million emergency room visits are attributed to slips and falls yearly. If you suffered injuries in a slip and fall accident in Tennessee, you have the right to get compensated for your injuries and related losses. But you...
Is Domestic Violence a Form of Self-Defense?
Depending on the circumstances, a person arrested for domestic violence may have been lawfully acting in self-defense. Domestic violence victims are usually terrified for their safety. Fortunately, everybody has the right to protect themselves from any kind of harm under the right circumstances, even if their actions would typically be...
What Are The Differences Between a Misdemeanor and a Felony?
In Tennessee, criminal charges are classified into misdemeanors and felonies. In general, if the crime carries jail time of less than a year, it is considered a misdemeanor. If the offense carries more than a year of jail time, it is considered a misdemeanor. The differences between a felony and...
David Raybin, Criminal Defense partner at Raybin and Weissman P.C. , selected for the Best Lawyers in America
Attorney David Raybin has been recognized as the Best Criminal Lawyer in Nashville by Best Lawyers in America for criminal general practice and white-collar defense. He is also included in Tennessee Business magazine’s list of the Best Criminal Lawyers in TN. He handles well-known cases you may have read about...
What is The Average SSD Payment in Tennessee?
Social Security Disability Insurance (SSDI) benefits are one of the most sought-after disability income sources for many people. The Social Security Administration (SSA) is responsible for administering these benefits, and since SSDI are government benefits, the rules, requirements, and payouts are generally the same nationwide. Based on the most recent...
What are The DUI Laws in Nashville?
The number of people arrested for driving under the influence (DUI) in 2022 was 17,794, which is a significant decline from 19,656 in 2021. While the number of DUI arrests has decreased, people are still driving while drunk or drugged. Drunk or drugged driving is an immensely serious offense that...
Raybin & Weissman, P.C., Partner David Weissman Selected for The Best Lawyers in America - Personal Injury Litigation - Plaintiffs
NASHVILLE, August 21, 2023 - Raybin & Weissman, P.C., is pleased to announce that Partner David Weissman has been selected for inclusion in the 30th edition of The Best Lawyers in America for his expertise in personal injury litigation on behalf of plaintiffs. This honor reflects Mr. Weissman’s commitment to...
Raybin & Weissman, P.C. Secure Not Guilty Verdict
NASHVILLE, August 18, 2023 - Nashville law firm Raybin & Weissman, P.C., is pleased to announce that firm attorneys David and Ben Raybin secured a not-guilty verdict on behalf of security guard Nathan Glass, who was accused of second-degree murder. This outcome reflects the firm’s commitment to defending the rights...
What Counts as Disorderly Conduct in Tennessee?
In general, disorderly conduct laws allow the state to keep residents and visitors free from behavior that could harm themselves or others or unreasonably offensive behavior. Under Tennessee law, disorderly conduct is defined by several different actions. Tennessee enacted these laws to maintain public safety, making it illegal to take...
Sexual Assault, Abuse, and Harassment on College Campuses in Tennessee and Beyond
If you have experienced sexual assault, abuse, or harassment on your college campus, you are certainly not alone. In fact, sexual assault is all too common on college campuses across the country, including throughout Tennessee. Sexual assault, abuse, and harassment frequently happen on campuses such as Vanderbilt University, Fisk University,...
Firm attorney Ben Raybin has now filed a federal civil rights lawsuit to hold officers accountable
Lawsuit claims agents retaliated against the woman after she filed a complaint
The Consequences of Aggravated Criminal Trespassing in Tennessee
In recent years, increased security concerns have highlighted the need to understand and address various trespassing offenses. One such offense - aggravated criminal trespassing in Tennessee - has gained attention due to its specific elements and potential consequences. So, how does this charge differ from general trespassing? Getting a Better...
The Role of a Criminal Defense Attorney: Protecting Your Rights in Davidson County
A criminal defense attorney is one of the first people you should call following an arrest in Davidson County, TN. Whether you are facing accusations of a misdemeanor or felony offense, there might be serious penalties if you are convicted. You want someone to protect your rights and ensure you...
Trespassing Laws in Tennessee
We all know that trespassing is illegal. But what many people may not know is that there doesn’t need to be any vandalism, theft, or property damage involved for a person to be charged with criminal trespassing. Property owners have the right to prevent others from accessing their property. In...
Sexual Harassment on College Campuses
College is an incredibly exciting time for most students, but it can be an anxiety-ridden time as well. A top concern that many students and their parents share is the risk of getting sexually harassed or abused on campus. A sexual assault and sexual misconduct survey by the Association of...
Parents intervening in Covenants school shooting. Attorney David Raybin Seeking to Convey Rights to parents of children to prevent The Release Of Records.
Ownership of the writings of the Covenant School shooter will soon be transferred to the families at the school. Attorney David Raybin, on behalf of the parents of the shooter, appeared at a hearing in a lawsuit seeking the release of the records Thursday morning to make the unexpected announcement....
What is an Order of Protection, and What are The Consequences for Breaking One?
Courts in Tennessee take restraining order violations very seriously. An Order of Protection, commonly called a restraining order in Tennessee, is an order issued by a judge that orders someone that’s harming the person that petitioned for the order to stop what they’re doing or face the consequences of violating...
Protecting Your Rights: How Criminal Defense Lawyers in Davidson County, Tennessee Can Help You Fight Criminal Charges
The criminal justice system is one of the most complex areas of law. If you have been arrested, your first step is to discuss your case with a Nashville criminal defense lawyer as soon as possible. Your lawyer can advise you about what to expect moving forward and, depending on...
Mental Health Facility could have stopped this tragedy from unfolding
“Elizabeth Frensley will never forget consoling her son after he learned he killed his father. “He cried like for months… they were best friends, and he just couldn’t believe it. I mean, he was in shock,” Frensley said.” Read more in this News Channel 5 article: https://www.newschannel5.com/news/newschannel-5-investigates/please-dont-send-him-home-mom-begs-before-mentally-ill-son-killed-his-father
Nashville attorney David Raybin weights in on video of security guard
Some people believe an armed security guard used excessive force outside a bar on Demonbreun Street and now there’s question about whether this guard will face criminal charges.
What Are The Most Dangerous Intersections and Roads in Nashville?
The various roadways and intersections in Nashville fuel valuable access to jobs, education, recreation, and visiting family and friends. The city’s significant growth indicates a need for more roadways to facilitate efficient travel. However, this growth comes at a price for the people who bike, walk, ride transit, or utilize...
Do You Want to Sue Your Abuser?
One of the most heart-wrenching and traumatic things that anyone can experience is sexual abuse. Whether the incident happened when you were a child or an adult, years ago or days ago, the damages and negative consequences you can suffer can change your life forever. Your abuser should be prosecuted...
What Is A Tennessee Order of Protection?
In Tennessee, domestic violence, stalking, and sexual assault victims can ask the court for an order of protection, also known as a protective or restraining order, that bans an alleged abuser from harming or contacting them. If the alleged abuser violates an order of protection, they face arrest, costly fines,...
Imposter police officers in Nashville Tennessee. Attorney David Raybin comments on this most recent case.
Along with shoppers and security, dressed in dark navy, walking the halls of Opry Mills mall on Friday, April 21, was Nick Jordan. He strolled among side other security, many wearing the word “police” on vests or patches. Jordan, wearing a gun like his peers, also wore one of the...
What to Do If You Are Sexually Assaulted on Campus
Sadly, sexual assault incidents on college campuses are more common than people might think. In fact, one in two transgender students, one in female students, and one in 16 male students will be sexually assaulted or experience an attempted sexual assault while in college. Unfortunately, only 20% of students who...
Could You Be Charged with Domestic Violence?
A conviction on a domestic violence charge can have serious consequences that include jail time, fines, and a decrease in social standing. Effectively fighting domestic violence charges is challenging, but the consequences of failing to do so can be life-altering. Protect your legal rights and your future by reaching out...
Attorneys for Disorderly Conduct in Tennessee
Disorderly conduct laws are designed to help keep the peace, which is a means of helping to keep the public safe. Disorderly conduct laws are a primary example of laws the State of Tennessee employs to help reduce behavior deemed unreasonably offensive, or that could lead to harm. If you’re...
Who is Liable If You Are Injured by a Bouncer in TN?
A lot of people mistakenly believe that bouncers have the unrestricted authority to remove people from bars and clubs, use physical force against people, or beat up people. Contrary to what you’ve seen in TV shows or films, bouncers can only use reasonable force to remove people from the premises...
Who is Liable if a Government Vehicle Hits Me?
Motor vehicle accidents are stressful enough when they involve privately owned and operated vehicles. However, getting hit by a government vehicle can be even more overwhelming and leave you wondering whether you can get compensated for your losses at all. But that does not automatically mean you cannot recoup for...
What Happens If I Get Injured in an Event Because of Lack of Security?
Millions of hyped-up people go to concerts, sporting events, festivals, and other events every year. While there are security personnel and measures are in place in these events, the seating areas are usually packed, and standing-only events are cramped because of everyone scrambling to get closer to the best spots....
Understanding Your Right Penalties For Public Intoxication
Simply being drunk or intoxicated in public isn’t a crime in Tennessee, as long as you do not act like it. However, before drinking any kind of alcohol drink, you should know that the police could still pick you up for public intoxication, although they may offer you treatment instead...
If a Bouncer Assaults Me, Can I Sue the Bar?
Although many people think that bouncers have special rights or privileges in Tennessee or that they are law enforcement officers, this isn’t true. Bouncers have no special rights or protections other than those afforded to everyday people. They don’t have the right to use force whenever they feel like it....
If You Are in a Fight With a Bouncer, Here is What You Need to Know
In Tennessee, it’s common to see bouncers or security guards at bars, nightclubs, concerts, festivals, and even some sporting events. Their job is to help keep people safe and to maintain the peace. Generally, they are good at what they do and can be trusted. However, there are times when...
Check out this new coverage on Ben Raybin’s successful defense of his client
“Holly Lamar, a master falconer and owner of a Nashville ‘bird experience’ business, has a story to tell about each one of her 13 captive-bred birds of prey.” Read more here.
What are Your Options if a Bouncer Uses Force?
You and your friends are out for a well-deserved night on the town. Everyone is having a good time - until a verbal argument suddenly breaks out between your group and another. Before you know it, the argument turns into a physical altercation. A nearby bouncer gets involved in trying...
'Ordeal' over for woman whose birds were seized in TWRA raid
We are pleased to announce that all charges have been dismissed against Ben Raybin’s client, who had been arrested for regulatory violations regarding her birds of prey. Read Here.
Can You Sue a Bar for a Fight if Injured?
It’s been a stressful week at work and home. It’s Friday, and you just go paid. All you want to do is have a few beers with your friends before you head home after work for the weekend. However, another group walks into the same bar with different ideas. They...
Judge calls TWRA raid 'illegal' and demands seized birds be returned to owner
A Davidson County judge ruled the Tennessee Wildlife Resources Agency illegally searched the home of a Davidson County woman. Read more here.
Attorney Ben Raybin Elected to NBA Board of Directors
Attorney Ben Raybin of Raybin & Weissman, Attorneys at Law, was recently elected by fellow lawyers across the city to the Nashville Bar Association’s Board of Directors. Mr. Raybin will serve a four-year term beginning in 2023. He had previously served as co-chair of the Criminal Law and Justice Committee...
David Raybin's Article Published In Tennessee Bar Journal
Read David Raybin’s article “The Truth About Truth in Sentencing: Tennessee’s Experience” published in Tennesse Bar Journal here.
Nashville criminal defense lawyer David Raybin called Nashville airport police response "clearly inappropriate."
“Nashville airport officials refuse to answer questions after officers threaten arrests” Read more here.
What Conduct is Considered Disorderly?
Imagine that you disagree with another patron at a Nashville bar. All you do is get into an argument that leads to yelling so you do not believe you have violated the law. But the police arrive, and you’re arrested and charged with disorderly conduct. Suddenly, you have a significant...
Gov. Bill Lee grants clemency to 16, expedites parole eligibility for 30 following state law update
“Congratulations to Ben Raybin’s client, who was among 13 people granted pardons on Thursday. A pardon restores civil rights lost after a felony conviction and allows for the record to be completely expunged. Only about 5% of applicants receive clemency in Tennessee.” Read more here.
Attorney David Raybin discusses recent Tennessee Supreme Court decision against life sentences against juvenile offenders.
“Raybin & Weissman, P.C. discuss the Tennessee Supreme Court decision that juvenile life sentences are unconstitutional” Read more here.
Assault Charges In Tennessee
Many disagreements can escalate into an incident that may result in an assault charge. For example, if you get into an argument in a restaurant with a server and threaten them verbally, this could be charged as assault, even if you never touch them. If you are convicted of assault...
Our very own David Weissman, represents rural hospital owner who is Sueing the city of Celina, TN
“When seconds count, some people in the Midstate must go an extra 17 miles to get emergency care. For this reason, a Clay County hospital owner is taking the city and county to court.” Read more here.
Attorney David Raybin, hopeful for a chance at parole for clients
“Why Tennessee juveniles sentenced to life for murder now have path to release.” Read more here.
Attorney Ben Raybin speaks on behalf of Paavola family
“Man, who killed gym owner with ax in Nashville, sentenced with murder.” Read more here.
Ben Rayin Representing Deputy Hoover in Excessive Force Case
Attorney Ben Raybin is representing former Putnam County Sheriff’s deputy Micheal Hoover in an excessive force case against another deputy. See the Channel 5 news report here
Criminal Defense attorney David Raybin defending officer
“Ex-officer convicted in fatal shooting out of Nashville jail.” See the ABC news report here.
Nashville lawyer David Raybin explains Tennesees's "trigger law"
“‘There is no exception’ Nashville attorney breaks down Tennessee’s trigger law.” Read more here.
Nashville defense attorney David Raybin, says many people have come to him with how to get abortion pills legally
“Tennessee’s abortion battleground changes after Roe.” Read more here.
Press Release: ‘Active discussions’ are underway about a class action lawsuit against DCS
By Ben Hall, News Channel 5 Nashville NASHVILLE, Tenn. (WTVF) — Ongoing problems at the Department of Children’s Services could lead to a class action lawsuit on behalf of all kids in Tennessee’s foster care system according to a prominent Nashville attorney. David Raybin was one of the attorneys involved in...
"'Active discussions' are underway about a class action lawsuit against DCS."
Attorney David Raybin gives his thoughts after handling similar cases. Read more here.
6th Circuit Court sacks immunity for Lawrenceburg cop in 2018 shooting
by Jamie Satterfield, Tennessee Lookout May 12, 2022 In a rare move, a federal appellate court is stripping a Tennessee cop of immunity in the 2018 fatal shooting of a mentally ill man who stood 30 feet away with a knife held at his side when fired upon. The 6th...
David Raybin is a legal expert, vocalizing the truth
“Top legal expert calls truth in sentencing law ‘a disaster’.” Read more here.
Firearm Rights Restored in Tennessee for “Non-Violent Felony” Offender
“Can I get my firearm rights restored?” This is one of the most common questions we get asked. A recent case has expanded people who are eligible for their Second Amendment rights to be restored. In short, you may be eligible to get your firearm rights restored if you have...
A Case on Withdrawal of Voluntary Dismissals
Case: George Gary Ingram v. Dr. Michael Gallagher et al. Facts of the Case In this healthcare liability action, the plaintiff initially sued the doctor and the hospital. The plaintiff voluntarily dismissed the action without prejudice against the hospital. The doctor subsequently filed an answer to the complaint, stating that...
Malicious Prosecution
Case: Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 Et Al. Facts: Plaintiff sued Defendants for malicious prosecution after a criminal charge against Plaintiff prompted by Defendants was “retired” and then dismissed. Defendants moved to dismiss the suit, contending that the retirement of the criminal case...
Governmental Tort Liability Act
Case: Penny Lawson et al. v. Hawkins County, TN et al. Facts: After a fatal road accident, Plaintiffs sued municipal Defendants for negligence, gross negligence, and recklessness in Defendants’ response to a road washout that led to Decedent’s death. The trial court dismissed the case on the grounds...
Criminal Jury Instructions
Case: State of Tennessee v. Lynn Frank Bristol Facts: In a sex abuse trial, the trial court’s written jury charge failed to include instructions regarding the indicted offenses and several relevant definitions. However, the transcripts reflects that the oral charge differed significantly from the written charge and did...
Consecutive Sentencing
Case: State of Tennessee v. Quinton Devon Perry Facts: Defendant pled guilty to several counts of aggravated sexual exploitation, and additional counts of aggravated sexual exploitation of a minor where the number of exploitive materials exceeded twenty-five. The trial court ordered partial consecutive sentencing on the basis that...
Competitive Cable and Video Services Act
Case: City of Knoxville v. Netflix Certified Question of Law From Federal Court: “Whether Netflix and Hulu are video service providers, as that term is defined in the relevant provision of the CCVSA, Tenn. Code Ann. § 7-59-303(19).” Review Granted: January 19, 2022. Prediction : The Hot List...
Former prosecutor David Raybin, explains Nashville Waffle House Shooting Case
“Jury Selection Starting in Nashville Waffle House Shooting.” Read more here.
Prosecutorial Misconduct Standard of Review
Case: State of Tennessee v. Tyler Ward Enix Facts: On appeal, Defendant raised six challenges to the State’s closing argument. The State argued all but one of those challenges were waived because Defendant failed to object during the closing argument, in the motion for new trial, or both....
Health Care Liability Act: Vicarious Liability Claims
Cases: Beverly Gardner v. Saint Thomas Midtown Hospital Dennis Harold Ultsch v. HTI Memorial Hospital Corporation Facts: In two unrelated cases, the plaintiffs initially filed suit against hospitals for vicarious liability of their agents and provided the requisite pre-suit notices. The plaintiffs then sought to add the agents as...
Expert Testimony Against Co-Defendant in Health Care Liability Case
Case: Brittany Borngne Ex Rel. Miyona Hyter v. Chattanooga-Hamilton County Hospital Authority Et Al. Facts: Plaintiff filed a Health Care Liability Act claim against various defendants generally alleging Nurse was negligent in calling Doctor too late after failing to timely recognize a serious medical issue. During Doctor’s deposition, he...
Criminal Savings Statute
Case: State of Tennessee v. Marvin Maurice DeBerry Facts: Defendant was convicted of driving after having been declared a motor vehicle habitual offender (“MVHO”). After his conviction but prior to his sentencing, an amendment to the statute that was the basis of his MVHO conviction went into effect,...
Arrests Outside Officers’ Jurisdiction
Case: State of Tennessee v. Corey Forest Facts: Defendant was arrested for possessing contraband found during a traffic stop. Notably, the stop was initiated by a City of Columbia police officer outside of the Columbia city limit. Defendant filed a motion to suppress, contending, among other things, that...
Forgery Convictions
Case: State of Tennessee v. Ronald Lyons, James Michael Usinger, Lee Harold Cromwell, Austin Gary Cooper, and Christopher Alan Hauser Facts: The Defendants, who were upset with various government officials, electronically submitted baseless lien filings against them with the Secretary of State’s office. The Defendants were convicted on...
Expungements
Case: Recipient of Final Expunction Order v. David B. Rausch, Director of TBI Facts: The Plaintiff in this case received and completed judicial diversion for a criminal offense. Plaintiff then obtained an Order from Circuit Court directing that all public records regarding the offense be expunged and destroyed....
Drug Free School Zones
Case: State of Tennessee v. Douglas E. Linville Facts: Defendant was convicted and sentenced under the Drug Free School Zone for possessing drugs near a park. Pursuant to the “School Zone” law, the record reflected the Defendant was to be punished one classification higher, but the judgement form...
Comparative Fault and Attorney’s Fees
Case: Pryority Partnership v. AMT Properties, LLC, Et Al. Facts: In this action involving a commercial lease, the trial court granted judgment in favor of the lessee, determining that the lessor had materially breached the lease. The court further determined that the lessor was liable for negligent misrepresentation,...
Speedy Trial
Case: State of Tennessee v. William Eugene Moone Facts: Defendant was convicted of attempted second degree murder and unlawful employment of a firearm. Among other issues, Defendant argued he was denied the right to a speedy trial. On appeal, Defendant contended that the speedy trial issue should be...
Probation Violations
Case: State of Tennessee v. Craig Dagnan Issues: When determining the consequence of a probation violation, must a trial court make additional findings? Is the determination subject to appellate review? Facts : At a probation revocation hearing, the trial court found Defendant violated the terms of his probation and then...
Mootness
Case: Elijah “LIJ” Shaw Et Al. v. Metropolitan Government Of Nashville And Davidson County Facts: Homeowners sued City challenging a City code provision that prevented Homeowners from serving customers at their home-based businesses. The trial court granted summary judgment to the City, concluding that the client prohibition had a rational...
Ineffective Assistance of Counsel
Case: Tommie Phillips v. State of Tennessee Facts: In a petition for post-conviction relief, Defendant contended his trial attorney was ineffective for failing to move to suppress his statement on Fourth Amendment grounds (although the trial attorney did move to suppress on Fifth Amendment grounds). Intermediate Decision: ...
Health Care Liability Act
Case: Donna Cooper, Et Al. v. Dr. Mason Wesley Mandy, Et Al. Issue: Does the Health Care Liability Act apply to claims of intentional misrepresentation or medical battery? Facts : Patient filed a lawsuit alleging that Provider intentionally misrepresented that the treating doctor was board certified and also committed medical...
Attorney Fees after Dismissal
Case: Mindy Donovan v. Joshua R. Hastings Issues: How should attorney fees be calculated after a motion to dismiss is granted? Facts : Homeowner sued Contractor regarding a contract dispute. Contractor filed a counter-complaint, and then an amended counter-complaint. Homeowner filed a motion to dismiss Contractor’s amender counter-complaint, which was...
Andrew Delke Guilty Plea
Defense Team Statement Nashville, Tenn. — This is a joint statement by attorneys David Raybin, John M. L. Brown, and Kristin Ellis Berexa. Each of us are in separate law firms; we and our support staff joined together to form a defense team representing Andrew Delke. Earlier this morning, Andrew...
Jennette Lawsuit Alleges Inmate Killed by Excessive Force
Firm attorneys David Weissman and Ben Raybin, along with attorney Rob Gritton, have filed a lawsuit which has recently received extensive local and national news coverage. The following is a statement regarding the case: Our thoughts are with Mr. Jennette’s three daughters who suffered the loss of their father....
Tennessee Life Sentence Parole Eligibility May Be Reduced
Natalie Allison Nashville Tennessean 4.27.2021 category: In The News A major criminal justice reform initiative pushed for years by advocates has finally passed a significant milestone in Tennessee. It’s a measure that would offer a life-altering second chance for inmates serving life in prison to prove they have been rehabilitated. Currently, a...
Ben Raybin and the Tennessee Supreme Court Case Ruling
The Tennessee Supreme Court issued a unanimous decision today in favor of attorney Ben Raybin’s client, who had been charged with a drug offense. In the case, law enforcement surrounded Ben’s client home while looking for a wanted suspect. She finally came out at gunpoint and eventually agreed to let...
Explosive Growth of Life Sentences in Tennessee Hits Minorities Hardest, Report Finds
Adam Tamburin – Nashville Tennessean 2.18.2021 Tennessee’s criminal justice system increasingly relies on life sentences, a new analysis shows, a phenomenon straining the state’s prisons and budget. The population of so-called “lifers” in Tennessee prisons has grown by 87% since 1970, according to the report released Wednesday by Washington D.C. nonprofit The Sentencing Project. An...
Self-Defense Laws Could Protect Man Who Killed Prankster During Fake Robbery
David Raybin speaks on self-defense laws in recent interviews with WKRN and WSMV. Read more about this fake robbery incident & David’s input: https://www.wkrn.com/news/crime-tracker/self-defense-laws-could-protect-man-who-killed-prankster-during-fake-robbery/ https://www.wsmv.com/news/fatal-youtube-prank-gone-wrong-would-have-violated-platforms-policies/article_40ac0806-6b57-11eb-ba93-db6704dbf84d.html
Violent Robbery Suspect Was Out on Supervised Probation Based Off of Judge’s Decision
David Raybin provides insight on a local case in which he is not representing. Read more about David Raybin’s input in this WZTV news article: https://fox17.com/news/local/violent-robbery-suspect-was-out-on-supervised-probation-based-off-of-judges-decision
Claiming Unrest Potential, Officer Wants Murder Trial Moved
Potential for civil unrest has helped for David Raybin to act in the best interest of his client. Read more in this Associated Press article: https://apnews.com/article/nashville-trials-shootings-police-coronavirus-pandemic-3fcd4da94696f92a9c7635f7d862e817
Statutory Damages Cap
Case: Cynthia E. Yebuah et al. v. Center for Urological Treatment, PLC Facts: In this health care liability case, a jury awarded Patient $4 million in noneconomic damages and $500,000 to Spouse for loss of consortium. The Defendant argued that the statutory damage cap should reduce the totality...
Prosecutorial Misconduct
Case: State of Tennessee v. Edward Walsh Facts: Defendant contends that the prosecutor made an improper statement in closing argument. Defendant did not make a contemporaneous objection at trial but did raise the issue in his motion for new trial. Appellate Decision: The intermediate court applied a...
Loss of Consortium in Claims Commission Cases
Case: Steven Kampmeyer, Et Al. v. State of Tennessee Facts: Husband filed a claim for damages against the State in the Division of Claims Administration regarding a car accident. The claim was transferred to the Claims Commission, and then Husband and Wife filed a joint complaint for damages...
Insurance Payments to General Contractors
Case: Affordable Construction Serv. v. Auto-Owners Ins. Co. Facts: In this federal diversity case, Construction Company seeks the recovery of money from Insurance Company allegedly due under a purported construction contract between Construction Company and an HOA. The HOA had property insured by Insurance Company, who hired Construction...
Gang Evidence and Premeditation
Case: State of Tennessee v. Jeremy Reynolds Facts: Defendant was convicted of first-degree premeditated murder. Over the defense’s objection, the State introduced evidence of gang affiliation “for the purposes of establishing the Defendant’s identity and completing the story.” Appellate Decision: The intermediate court first held there was...
Raybin & Weissman Will Appear in the Best Lawyers in America© 2021
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” and the Plaintiff was “welcome to refile.” Relying on that...
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 had been proven by clear and convincing evidence: abandonment by...
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 fifty-one years) is unconstitutional for a juvenile” based on the...
What to Expect at a DUI Hearing
Someone who has been arrested for DUI in Tennessee can anticipate having to go through several steps while their criminal case is pending. Following arrest, the individual will first have a bond hearing with a magistrate or judicial commissioner while still in jail. In most cases, the person will not...
Res Judicata
Case: Elvis Presley Enterprises, Inc., et al. v. City of Memphis, et al. Facts: The City of Memphis entered into an agreement with the now-Memphis Grizzlies basketball team to build an arena, which included a provision that the city would not fund or benefit “any new competing facility.”...
Prompt Pay Act
Case: Snake Steel, Inc. v. Holladay Construction Group, LLC Facts: A subcontractor sought statutory penalties against a prime contractor based on the contractor’s failure to comply with the Prompt Pay Act’s requirement that any retainage withheld be deposited into an interest-bearing escrow account as set forth in Tenn....
Parental Right Termination
Case: In Re Neveah M. Facts: The trial court granted foster parents’ petition to terminate the parental rights of the biological mother. The trial court found, among other things, placing the child with the biological mother would pose a risk of substantial harm because the mother had failed...
Negative Reciprocal Easements
Facts: In this declaratory judgment action involving neighboring landowners in a residential development, the trial court determined that the restrictive covenants applicable to the development would prevent the defendant from constructing a commercial business on his property. The trial court accordingly entered an injunction preventing the defendant from constructing...
Judgments of Acquittal
Case: State of Tennessee v. Shalonda Weems Facts: Defendant was found guilty of aggravated child neglect and reckless homicide in connection with the starvation death of her six-month-old daughter. The trial court then entered a Judgment of Acquittal for the aggravated child neglect conviction and set it aside....
Inevitable Discovery Doctrine
Case: State of Tennessee v. Samantha Grissom Scott Facts: Sheriff’s Deputies were dispatched to the Defendant’s home to serve an arrest warrant on a man who did not live there but believed to be present. Upon arrival, the Deputies saw an unknown male enter Defendant’s residence and lock...
How Being Convicted of a DUI can Impact Your Employment
The criminal penalties associated with being convicted of driving under the influence (DUI) in Tennessee are potentially quite severe. You could be required to pay a hefty fine, perform community service, temporarily give up your driver’s license – even spend some time in jail. There is, however, another commonly overlooked...
Have You Been Falsely Accused of Domestic Violence During the COVID-19 Pandemic?
It is well documented that periods of crisis such as the COVID-19 pandemic can lead to a surge in domestic violence. Mandatory social isolation combined with widespread unemployment and increased rates of firearm ownership create an environment for domestic violence to occur more frequently. A UN organization called the United...
Gang Enhancement Statute
Case: State of Tennessee v. Terrell Lamont Reid Facts: Defendant pled guilty in 2015 and received a sentence that was enhanced by the “criminal gang enhancement statute.” The following year, the enhancement was held to be unconstitutional in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016)....
David Raybin Quoted in USA Today Article on Releasing Inmates During COVID-19 Crisis
David Raybin was quoted in a USA Today article called “Let them out: Advocates want inmates granted parole freed as COVID-19 stalks prisons.” David has been a leading voice in Tennessee seeking to reduce the inmate population by expediting the release of inmates who have already been granted parole, but...
TN Supreme Court Grants Review of Case Filed by Ben Raybin
The Tennessee Supreme Court has recently granted review of a case filed by firm attorney Ben Raybin on behalf of his client, Samantha Scott. The case involves a search of a house by law enforcement conducted without a search warrant. Only about 5% of cases submitted to the high court...
Why has the Tennessee Supreme Court suspended jury trials until Independence Day?
Our attorney, David Raybin contributed to the Tennessean with an opinion piece titled: Why has the Tennessee Supreme Court suspended jury trials until Independence Day? You can read more about why Tennessee has ordered that jury trials continue to be postponed until after July 3 here: Why has the Tennessee Supreme...
Who Can Be Released from Jail or Prison During the Coronavirus Pandemic?
Here at Raybin & Weissman, we have gotten several calls from people who have loved ones in Tennessee jails or prisons. Understandably, people are very worried about infection from COVID-19, also known as coronavirus. However, an inmate’s eligibility for release depends on their current situation and location. Not everyone is...
Do I Need A Lawyer For A Citation or Summons?
As part of the COVID-19 response, Nashville Police have been issuing criminal citations or summonses instead of arresting people. Do those who receive a citations or summons for a criminal charge still need a lawyer? Yes! A criminal citation and summons is still a criminal charge that will require appearing...
Unlawful Detainers
Case: Belgravia Square, LLC v. Melvin White, et al. Facts: Borrower refused to vacate his property after it was sold to Company at a foreclosure auction, so Company filed an unlawful detainer action in general sessions court. Company prevailed, and Borrower appealed to circuit court while retaining possession of the...
Opioid Lawsuits
Case: Jared Effler Et Al. v. Purdue Pharma L.P. Et Al. Facts: Several District Attorneys and two minor children sued certain drug manufacturers under the Tennessee Drug Dealer Liability Act, alleging the redirection of a drug from a proper use to an illicit use. The trial court dismissed the case,...
Negligent Insurance Procurement Suits
Case: Talat Parveen Et Al. v. ACG South Insurance Agency, LLC Et Al. Facts: Plaintiffs contacted an insurance agent to procure a new umbrella insurance policy with the same terms as their existing one, which included excess uninsured motorist coverage. Such coverage was not included, but they payed premiums and...
Amid COVID-19 Outbreak, Defense Attorneys Ask Parole Board to Ease Release Requirements
“High-profile Nashville attorney David Raybin asked the board to “accelerate the release of already-paroled prisoners” in a letter Friday. The Tennessee Association of Criminal Defense Lawyers endorsed Raybin’s letter.” Read more in this Tennessean article about expediting necessary releases: https://www.tennessean.com/story/news/politics/2020/03/27/attorneys-tennessee-parole-board-release-requirements/
Teacher Tenure Act
Case: Melanie Lemon v. Williamson County Schools, Et Al. Facts: A former tenured teacher sued the county school board and three administrators for wrongful termination, among other things, alleging she was “bullied” and forced to resign. The trial court granted the defendants’ motion to dismiss because the teacher had resigned...
Products Liability
Case: Carolyn Coffman et al. v. Armstrong International, Inc. et al. Facts: Plaintiffs sued multiple defendants for their alleged involvement in the exposure to asbestos in the workplace. Among the defendants were the “Equipment Defendants” who “purchased asbestos-containing gaskets and/or packing from other manufacturers and incorporated those asbestos components into...
Pre-Suit Notice
Case: Clarissa Bidwell, Deceased, By Next Friend and Husband, James Bidwell, Et Al v. Timothy A. Strait, M.D., Et Al Facts: Plaintiff sued two doctors for medical malpractice and provided each with the required pre-suit notice. Plaintiff did not provide notice to Erlanger, the governmental hospital authority which employed the...
Money Laundering
Case: State of Tennessee v. Robert Jason Allison Facts: Defendant “fronted” marijuana on two occasions to a drug dealer in exchange for payments on a later date. The drug dealer turned out to be a cooperating informant, and Defendant was arrested for both selling the drugs as well as money...
Illegal Sentences
Case: State of Tennessee v. Yodelkis Contreras Facts: Defendant pled guilty to aggravated robbery and was sentenced to 10 years of probation, which was an unauthorized sentence pursuant to TCA 40-35-303. When he violated probation, the trial court revoked probation and imposed a sentence of 10 years’ confinement. Defendant appealed,...
Economic Loss Doctrine
Case: Milan Supply Chain Solutions, Inc. f/k/a Milan Express, Inc. v. Navistar, Inc., et al. Facts: Plaintiff sued Defendant in a commercial dispute pertaining to the quality of trucks purchased by the Plaintiff pursuant to a contract. The lawsuit alleged breach of contract, fraud, and violation of the Consumer Protection...
Criminal Defense Attorney Ben Raybin was quoted in Tennessean article regarding Gov. Bill Lee Loosening Requirements for Pardons and Commutations.
Since less than 6% of clemency applications in Tennessee made it to the Governor’s desk in 2018, Tennessee’s new Governor, Bill Lee, has made a handful of tweaks to the clemency process that could have a tremendous impact. The changes made are as follows: Pardon applications shifted from requiring “a...
David Raybin Asks for a Change of Venue in a High-Profile, Police Related-Shooting
As reported in the local (Nashville Public Radio and Tennessean) and national news (New York Times), Nashville media were in the spotlight at the latest hearing in the case against Metro Nashville Police Officer Andrew Delke. His attorney, David Raybin moved for a change of venue saying, “pervasive” coverage of...
Ben Raybin Testifies in Legislature on Civil Asset Forfeiture
Attorney Ben Raybin gave testimony yesterday on Civil Asset Forfeiture at a summer study hearing by the Civil Justice Subcommittee of the Tennessee House of Representatives. The legislature is currently considering bills to modify the procedures used to take property from citizens through civil forfeiture, which often occurs without criminal...
Orders of Protection
Firm attorney Ben Raybin was interviewed on the Channel 4 evening news yesterday regarding Orders of Protection. Orders of Protection, also known as “restraining orders,” are a way for domestic violence victims to receive protection from their abusers. If granted, the order will forbid the person from contacting, abusing, or...
Car Accident in Nashville: Reasons to Call a Lawyer
Nashville is growing quickly, which means there are more cars on the road and a greater chance for accidents to occur. Getting into an accident can be frightening, especially if you’re in the middle of a congested roadway and don’t know what to do. You should always call the police...
Wrongful Termination
Case: Joshua Keller v. Janice Casteel, Et Al. Facts: A city firefighter was terminated and challenged the termination procedure. The trial court granted him partial summary judgment regarding wrongful termination, but with respect to damages, found that the petitioner failed to exercise reasonable diligence in securing employment. The...
Property Tax Classification Appeals
Case: East Tennessee Pilot’s Club, Inc. v. Knox County Tennessee, Et Al. Facts: After an ALJ concluded certain property should be classified as “farm property,” the county property assessor reclassified it in 2013 as split property, commercial and farm. The property owner paid its 2013 to 2016 taxes...
Property Deeds
Case: Scott Trent Et Al. v. Mountain Commerce Bank et al. Facts: Adren and Pamela Greene owned a piece of real property. Adren executed a quitclaim deed to Company, which was a business they both owned. Later, Company executed a deed conveying its interest to Buyers. The Greenes...
Non-Economic Damages Caps
Case: Jodi McClay v. Airport Management Services, LLC, U.S. District Court Case 3:17-cv-00705. Facts: The U.S. District Court for the Middle District of Tennessee requested an opinion on the following certified questions of law: (1) Does the non-economic damages cap in civil cases imposed by Tenn. Code Ann....
Ineffective Assistance of Counsel
Case: Marty Holland v. State of Tennessee Facts: Petitioner pled guilty and received a sentence ordered to run concurrently to an ongoing federal sentence. Nothing was presented at sentencing regarding his federal sentence. Petitioner sought post-conviction relief on the basis that his attorney had failed to investigate three matters related...
Health Care Liability Act
Case: Lataisha M. Jackson v. Charles Anthony Burrell, et al. Facts: Plaintiff alleged she was assaulted while receiving a massage at a day spa. She brought intentional tort and negligence claims against both the therapist and the business. She provided a pre-suit notice but did not file a...
Delayed Criminal Appeals
Case: Antonio Howard v. State of Tennessee Facts: Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective in failing to file a timely motion for new trial. Appellate Decision: The intermediate court held that trial counsel was deficient and Petitioner was presumptively prejudiced by...
Bail Bonds
Case: In Re: Cumberland Bail Bonding Facts: Bail Bond Company’s bonding privileges were suspended due to violation of a local rule requiring a bonding agent be present for a defendant’s first court appearance. Appellate Decision: The intermediate court reversed, holding that because the rules already require a...
Attorney’s Fees
Case: David New v. Lavinia Dumitrache, et al. Facts: Mother was granted an Order of Protection against Father in general sessions court. Thirty-Six days later, Father filed suit in chancery court seeking to enroll their Texas divorce decree and appeal the OP. The chancery court dismissed the suit...
Suspended Tennessee State quarterback Demry Croft enters plea on rape charges
Tennessee State University quarterback Demry Croft faced rape charges against him in court Wednesday, when he pleaded not guilty. Croft, 22, is accused of raping a female student on campus in December, according to court and university documents. He was indicted on six felony counts of rape and two counts...
Lawyers want a change of venue in trial of Nashville police Officer Andrew Delke
Lawyers representing a Nashville police officer charged with murder want the trial to be moved out of the city. Officer Andrew Delke, 26, appeared in court Thursday when his attorney David Raybin asked for a hearing to be set to debate a new trial location. Judge Monte Watkins agreed to...
Andrew Delke case: Change of venue hearing scheduled for officer charged with murder
NASHVILLE, Tenn. (WTVF) — A Nashville judge has scheduled a hearing to decide whether there will be a change of venue in the case of a Metro police officer who’s been charged with murder. Decommissioned officer Andrew Delke appeared in court Thursday morning for a brief motions hearing. His attorney,...
Liability for Accidents in Dangerous Intersections
If you live in Nashville, you’ve likely noticed the city’s immense growth over the past few years. There are many positive aspects associated with the growth of a city, but unfortunately, there are also some negative aspects. One negative aspect of a city’s growth is increased traffic accidents. Intersections, in...
Raybin & Weissman, P.C. Attorneys Included in The Best Lawyers in America
Numerous publications around the world assess the credibility of those who practice law. Best Lawyers is one of the most well-known legal peer reviews, and it has been in rotation since 1983. In 2008, Best Lawyers expanded its global reach. Today, the review is published in seventy-five countries, has over...
What to Do after an Electric Scooter Injury in Nashville
With electric scooters are becoming increasingly popular in the Nashville area, it’s no surprise that injuries are following close behind. Electric scooters can travel at speeds of up to 15 mph, and riders aren’t required to wear helmets. When scooters collide with vehicles on the road or run into other...
Charged with Domestic Violence While Visiting Nashville: What to Do Next
Whether you are coming to Nashville to see the sights or watch the NFL draft, sometimes things get out of hand between you and your significant other, a family member, or a close friend. When this happens, you could be arrested on a domestic violence charge. Being arrested while visiting...
Can I Sue for an Electric Scooter Accident in Nashville?
Whether you are visiting our beautiful city of Nashville for the first time or are a resident who loves the freedom of being able to get around the city easily, chances are high you’ve rented an electric scooter. Popular rental scooter companies like Lime, Bird, Bolt, Lyft, and others make...
Common Reasons for SSD Denials
Only 30 percent of all social security disability (SSD) requests get approved. Consequently, there are a lot of denials and many reasons why requests get denied. If you’re wondering “why was I denied SSD?”, reevaluating your claim and appealing the decision can be a smart move. With the help of...
Expert Witness Geographic Requirement
Case: Vickie S. Young v. Frist Cardiology PLLC, et al Facts: In this interlocutory appeal, Defendants moved to exclude medical opinion testimony of Plaintiff’s expert physician, averring that he does not satisfy the competency requirements of TCA 29-26-115(b) because he was not licensed to practice medicine in Tennessee...
Sex Offender Registry
Case: State of Tennessee v. Carl Allen aka Artie Perkins Facts: Carl Allen was convicted of sexual battery in Florida, moved to Tennessee, and registered on Tennessee Sex Offender Registry. He was originally classified as a “sexual” offender, was reclassified as a “violent” offender in 2009, and then...
Aggravated Burglary
Case: State of Tennessee v. Abbie Leann Welch Facts: Defendant entered a Walmart store and stole merchandise after she had received notification that she was banned from all Walmart properties. Defendant was convicted at a bench trial of one count of misdemeanor theft and one count of burglary....
General Sessions Appeals
Case: Ken Smith Auto Parts v. Michael F. Thomas Facts: Plaintiff sued Defendant in General Sessions Court and prevailed. Defendant appealed to Circuit Court, but did not appear for the de novo trial, and the Circuit Court entered an order dismissing the appeal and remanding the case to General Sessions...
Teacher Tenure Act
Case: Stephen P. Geller v. Henry County Board of Education Facts: A tenured teacher serving as an assistant principal was transferred to teach at an alternative school after the local director of schools learned that the teacher did not hold an administrator’s license. On appeal, the teacher asserts that the...
Evidence of Acquitted Conduct
Case: State v. Steve M. Jarman Facts: Defendant was charged with first degree murder and convicted of voluntary manslaughter. Defendant challenged, among other things, that the court improperly admitted evidence of an alleged 2013 assault where the Defendant had been acquitted. Appellate Decision: The intermediate court agreed with Defendant and...
Fraud Convictions
Case: State v. Reuben Eugene Mitchell Facts: Defendant was convicted of arson and filing a false insurance claim. Defendant appealed, alleging that the evidence was insufficient to sustain the convictions. Appellate Decision: The intermediate court reversed the conviction for filing a false insurance claim because the defendant “legally, and under...
Self-Defense
Case: State v. Antonio Benson Facts: The Defendant shot and killed the victim after an argument and was convicted of first-degree murder. The Defendant requested a self-defense jury instruction , contending the proof showed the victim was under the influence of meth, was the first aggressor, and attacked the Defendant...
TCPA Case: Roy Franks v. Tiffany Sykes
Case: Roy Franks, et al. v. Tiffany Sykes, et al. Facts: Two separate Plaintiffs alleged the filing of undiscounted hospital liens violated the Tennessee Consumer Protection Act (TCPA) by “[r]epresenting that a consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which...
Loudermill Notice of Public Employee Termination
Case: Paul Zachary Moss v. Shelby County Civil Service Merit Board Facts: Employee was terminated from his employment with the Shelby County Fire Department after he was involved in a physical altercation at a political rally. Appellate Decision: The intermediate court reversed, finding that the employee’s due process rights were...
Parenting Plan Modifications
Case: Lewis Alvin Minyard v. Laura Nicole Lucas and Bradley James Cox v. Laura Nicole Lucas Facts: Both of these cases involve a post-divorce custody dispute between Mother and her two ex-husbands. In each case, the Fathers filed petitions for ex parte emergency relief and modification of the permanent parenting...
Bail Bonds
Case: In re: Rader Bonding Company Facts: Bonding Company was the surety for a defendant’s DUI-2nd and Driving on a Revoked License. The State later obtained an indictment that increased the severity of the defendant’s DUI charge to DUI-4th offense and also contained the original Driving on a Revoked License...
Recovering Compensation for a Car Accident Brain Injury
A traumatic brain injury (TBI) is one of the most catastrophic injuries a person can be diagnosed with following a motor vehicle wreck. The brain is the most complex organ in the human body, and when it’s damaged, your entire life can be disrupted by your injury. Thankfully, when someone...
Common Reasons Why Tennessee DUI Cases Get Dismissed
When you are arrested on a suspected driving under the influence (DUI) charge, you could be looking at serious penalties if you are convicted. Thankfully, there are steps you can take to attempt to get rid of a DUI charge and avoid a conviction that could follow you for years....
Suicide attempts in jail are more common than anywhere else in Williamson County
Editor’s note: This story explores suicide, including details of how people died by suicide. If you are at risk, please stop here and contact the National Suicide Prevention Lifeline for support at 1-800-273-8255. Sasha Putala’s parents knew their son was in a poor mental state when he was arrested on...
PR push for white officer accused of killing armed black man
By Jonathan Mattise | AP February 14 NASHVILLE, Tenn. — The attorney for a white police officer charged with fatally shooting an armed black man in Tennessee is calling for legal discovery documents to be sealed from members of the public. Meanwhile, a police union has launched a digital ad campaign seeking...
Officer Andrew Delke’s lawyer says DA flip-flopped in evidence fight, citing Vandy rape case
Legal arguments are heating up in the murder case against a Nashville police officer, with the officer’s defense attorney accusing the city’s top prosecutor of hypocrisy in a legal filing Thursday. Officer Andrew Delke, 25, was charged with first-degree murder after he shot Daniel Hambrick during a foot chase in...
Delke lawyers: DA Glenn Funk ‘declared war’ on Nashville police with Nuremberg comparison
Nashville police officer Andrew Delke’s defense attorneys said Monday that District Attorney Glenn Funk has “declared war on the police department.” Nothing, Funk’s office said, “could be further from the truth.” Delke, 25, who is white, fatally shot Daniel Hambrick, also 25, who was black, during a July 26 foot...
Attorney for officer charged with homicide: DA “has functionally declared war on our police”
NASHVILLE, Tenn. (WTVF) — The lawyer defending a police officer charged with homicide says the district attorney has “functionally declared war on police,” due to the DA’s comments during a court hearing on Saturday. Decommissioned Metro Nashville police officer Andrew Delke faces criminal homicide charges in the shooting death of...
Can a Passenger Sue Uber or Lyft after an Accident?
Getting injured in a car accident means that you’ll more than likely have suffered from serious injuries that can severely impact your life for years to come. Unfortunately, in addition to dealing with the pain, treatment, and recovery from your physical injuries, you may also find that you are unable...
What to Do When You’re Charged with Domestic Violence
If you’re facing a charge of domestic violence (DV), you might be scared and unsure of what to do. You will likely get a lot of advice, but be careful what advice you listen to. Many will say, “Just sign the plea agreement.” Others might suggest you fight the charge...
Tennessee Governor Pardons Our Client
Tennessee Gov. Bill Haslam gave Michael Lacey and ten other current or former Tennessee residents clemency. Attorney Ben Raybin represented Mr. Lacey with his clemency petition. Ben Raybin, a Nashville criminal defense lawyer, expressed his appreciation for Gov. Haslam’s decision to pardon Mr. Lacey: “On behalf of Mr. Lacey, we...
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 partially, responsible for the cause of the accident. A good...
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 York Times 9/2718 The Tennessean
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 allegations during the post-polygraph interview.” Defendant moved to suppress 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 of the case? Facts: Former Client sued her former...
George Strait’s Drummer Killed in Tractor-Trailer Truck Accident on I-40
Michael A. Kennedy, longtime drummer for country music star George Strait, was killed August 31, 2018 when his GMC collided with a tractor-trailer truck on I-40 in Lebanon, Tennessee. The accident occurred near exit 238, approximately 30 miles east of Nashville. Kennedy, 59, was driving westbound on I-40 in a...
Driver Seriously Injured in Rear Underride School Bus Crash
August 2018, a driver was seriously injured after rear-ending a Maury County school bus on U.S. 31. Looking at a photo of the accident scene, it’s miracle that the driver survived the accident, as the white sedan came to rest under the rear of the school bus with the frame of...
David Raybin Featured as Expert on News Channel 5 – Helps Nashville Understand Judge’s Decision in Waffle House Shooter Case
In a hearing last week, a local judge ruled that accused Waffle House shooter Travis Reinking is not competent to stand trial. It’s a twist in the case that many Nashville residents found surprising. In an effort to help Nashville understand the judge’s controversial decision, Raybin & Weissman criminal defense...
Warrantless Searches of Probationers
Case: State v. Angela Hamm and David Hamm Issue: Are probationers subject to warrantless, suspicionless searches? Facts: Angela and David Hamm were married and lived together. Angela Hamm was on probation. A confidential informant made a statement potentially implicating Angela and David for selling methamphetamine. Officers were unsuccessful in...
Retroactive Grading of Theft Offenses
Cases: State v. Charles Keese and State v. Michael Tolle Issue: Should thefts occurring before the grading amendment be sentenced under the old or new version? Facts: The offense governing the grading of theft offenses, 39-14-105, was amended in 2016 with an effective date of January 1, 2017. The Defendants...
Contracts
Case: TWB Architects Inc. v. The Braxton, LLC Issue: Did an architect agreement survive a subsequent purchase agreement? Facts: Architect entered into an architect agreement with Developer to build a condo. Architect later entered into a purchase agreement with a Successor Developer to receive a penthouse as “consideration of design...
Comparative Fault
Case: Carolyn Crisp v. Michael Nelms Issue: Was “paceline” cycler at least 50% at fault for accident as a matter of law? Facts: Plaintiff died while bicycling in a “paceline” group. His surviving spouse sued other cyclists, alleging they had slowed down suddenly. Defendants were granted summary judgment on the...
Abatement of Conviction by Death
Case: State v. Hassan Falah Al Mutory Issue: Does a criminal conviction on direct appeal abate upon death of the defendant? Facts: Defendant was convicted of reckless homicide, but died during the pendency of his direct appeal. Defendant’s attorney moved to abate the conviction due to death, which the State...
Indictment Amendments
Case: State v. Leroy Myers, Jr. Issue: Did defense counsel’s argument on alternate offense trigger an amendment to the indictment? Facts: Defendant was charged with Aggravated Assault for allegedly shooting at the victim. After a bench trial, Defense Counsel argued the conduct did not constitute Aggravated Assault but might be...
Armored Truck Accident Spills Coins on I-40
In some places the roads are paved with gold. Or so they say. In others, the roads are painted gold, as in Peekskill, New York, where you can stand or drive on the last remaining section of a gold brick road—one which may have inspired the Yellow Brick Road featured in The Wizard...
2018 Texting and Driving Scholarship Winner – National
The winner of our 2018 Stop Texting and Driving Video Scholarship contest is Blake O’Donnell of Mechanicsville, Va. O’Donnell entered the competition just weeks after his mother, Suzanne, a 48-year-old preschool teacher and breast cancer survivor, lost her life in a distracted driving accident. A teenager was charged with reckless...
Pedestrian Killed in Hit-and-Run Accident in Bordeaux
Earlier this month a 24-year-old woman was killed in a tragic early-morning pedestrian accident in the Bordeaux neighborhood of Nashville. According to WKRN, the accident took place in the 3100 block of Clarksville Pike near Buena Vista Pike when the woman—who had been riding her bicycle along Clarksville Pike with...
TSU Researchers Analyze Coverage of Pedestrian Deaths
When the media covers pedestrian accidents, readers often receive the same information that is found in the police report. In other words, news articles typically tell us little more than: Who was involved What happened When the accident happened Where the incident occurred Oftentimes, the last line in a pedestrian...
Tennessee Highway Patrol to Host Teen Driver Education Camp
Late last month the Tennessee Department of Safety and Homeland Security announced its first annual Teen Driver Education Camp, which is being offered to 200 high school students from around the state. The Tennessee Highway Patrol (THP) will serve as hosts for the camp, which will take place at the...
“Bird” Scooter Lands in Nashville – Hit-and-Run Accident Follows
“Bird” is the word on the minds of Nashville residents following local launch of the controversial electric scooter service. “Do you, or do you not, know about the Bird?” So asks the Peter character in the popular TV cartoon Family Guy before he reprises the 1963 hit song “Surfin’ Bird”...
2018 Texting and Driving Scholarship Winner – Davidson County
At Raybin & Weissman we are so proud of our 2018 Texting and Driving Video Scholarship winners, including Jacob Fawcett , a high school senior at Hunters Lane High School. As our local (Davidson County) winner, Fawcett received a check in the amount of $1,000 at our scholarship ceremony, which...
Fatal Truck Underride Accident in Franklin
A woman was killed early on a Friday morning in late April after her SUV became wedged under a semi-tractor trailer on I-65 North in Franklin. Photographs and video from the scene of the accident—which took place just south of Murfreesboro Road—don’t make it clear whether her SUV went under...
2018 Texting and Driving Scholarship Winner – Tennessee
At Raybin & Weissman we are so proud of our 2018 Texting and Driving Video Scholarship winners, including Coal Dye , a high school senior from Grace Christian Academy, who won our statewide competition. As winner for the state of Tennessee, Dye received a check in the amount of $1,000...
Driver Rear-Ends UPS Truck in Fatal Construction Zone Crash
Fatal rear-end truck accident a reminder of the need to slow down and exercise caution in construction zones. Earlier this month a 32-year-old Goodlettsville man suffered serious injuries when his car struck the back of a UPS tractor that was stopped due to construction-related traffic on I-24 West near the...
Expungement in Tennessee – FAQ
Why Did My Expunged Case Show Up On A Background Check? In many situations, we are successful at getting a client’s case dismissed and their public record expunged. Unfortunately, the case can still appear on private background checks even years later. This guide explains why this happens, and what you...
What you need to know about Criminal Misdemeanor Citations in Nashville, Tennessee
What does it mean to get a Criminal Misdemeanor Citation in Davidson County, Tennessee? The short answer is that it is basically the same thing as getting arrested, yet you were spared the humiliation of being physically arrested, put in jail, and forced to call someone to bail you out....
Tennessee Gives a ‘Thumbs Down’ to Distracted Driving
“Troopers say just the slightest distraction can lead to a deadly crash.” So said NewsChannel5’s Dan Kennedy during a recent live report from North Nashville. According to Kennedy there were approximately 25,000 distracted driving crashes in Tennessee in 2017, which led to 120 deaths. That’s roughly the same number of...
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 across the interstate. My car was split in two and...
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 state, including 369 accidents in 2016, the most recent year...
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 a semi-truck, which in turn, struck an automobile carrier. Fortunately,...
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 argument made by the NHTSA (and others) is that because...
Safety Improvements Implemented at Nashville’s “Most Dangerous Intersection”
Nashville Pedestrian Accidents According to the Tennessee Department of Homeland Security, there were nearly 300 pedestrians involved in accidents in Davidson County last year. Worse yet, 2017 was the deadliest year for pedestrians in Nashville history, with nearly two dozen individuals killed on Music City’s roads. Nashville’s population is growing...
Raybin & Weissman Files Lawsuit Regarding Female Inmate Who Was Impregnated By Guard
Raybin & Weissman recently filed a federal lawsuit on behalf of their client, a female inmate who was repeatedly raped and impregnated by a guard at the Moore County Jail. Said lead attorney Ben Raybin: “Jessica Fowler is just one of many women who have been sexually abused by a...
Liability for Suicide
Case: In Re Estate of Christina Marie Cotton Issue: Can a personal be liable for someone committing suicide with that person’s firearm, where the person is aware of mental illness and shows him or her where the firearm is located? Facts: Decedent was in a rocky relationship the Defendant, and...
Head-On Collisions Continue to Plague Nashville
Wrong-way Car Accident on New Year’s Day The New Year was just a few hours old when the Nashville metropolitan area witnessed its first wrong-way crash of 2018. According to WKRN, a black Nissan collided head-on with a silver Chrysler near I-24 West’s Maxey Road exit, just before the Montgomery...
Woman Brings Excessive Force Lawsuit Following Jailhouse Taser Incident
Last month, a Schuyler County, Illinois, resident brought a lawsuit against the Schuyler County Sheriff’s Department in the U.S. District Court for the Central District of Illinois, alleging that excessive force was used against her and that her Fourth Amendment rights were violated. Specifically, the victim alleged that a male...
86-Year-Old Man Receives $900,000 Settlement in Taser Case
South Carolina Taser Incident On October 16, police in Kingstree, South Carolina—a small town in Williamsburg County that is roughly equidistant from Charleston, Columbia, and Myrtle Beach—received a 911 call about a white Ford SUV that was allegedly tailgating other vehicles. After a brief, quarter-mile police chase, the driver of...
Northeastern City’s Police Force Plagued By Excessive Force Lawsuits
Excessive Force Lawsuit After Allentown Tasing In March of last year, a 17-year-old boy was walking with two friends in Allentown, Pennsylvania, when a police officer ordered the group to stop and speak with him. The group did as they were told and a conversation ensued, though the officer soon...
Attorneys for Victims of Pedestrian Accidents
Despite the newfound dedication to preventing pedestrian injuries and deaths, this year will go down on record as the deadliest year for pedestrians in Music City’s history. Walk Bike Nashville aims to raise awareness about pedestrian safety in Nashville. Reports say someone is killed, on average, every 21 days while...
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: This case involves a property dispute in which leases were...
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 total knee replacement. Patient signed an exculpatory agreement releasing Company...
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 Chronicle, the accident occurred at the corner of Main Street...
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 a 1965 Ford Falcon hit him. He suffered serious injuries to his head...
Search Warrants in Child Porn Cases
Case: State of Tennessee v. Anthony Jerome Miller Issue: Can only District Attorneys obtain a search warrant in child pornography cases? Facts: A police officer obtained a search warrant for a child pornography investigation after obtaining “verbal permission” from an Assistant District Attorney. The Defendant moved to suppress the evidence...
Parol Evidence and Indemnity Clauses
Case: Individual Healthcare Specialists, Inc. v. BlueCross BlueShield Of Tennessee, Inc. Issues: Should the court have considered parol evidence in determining the meaning of an indemnity provision? Do indemnification provisions apply to disputes between the parties? Facts: The contract contained an indemnity provision, as well as an integration clause. The...
Good-Faith Exception to Exclusionary Rule
Case: State of Tennessee v. Jerome Antonio McElrath Issue: Does the “good-faith exception” exclude evidence collected from an arrest that was based on erroneous police information? Facts: Defendant was on a “barred list” from entering a housing project. Although he should have been removed from the list, a clerical error...
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 can be done under Tennessee law to secure her release?...
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 airlifted to Vanderbilt University Medical Center for additional treatment. The...
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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 spent the bulk of his career with the Chicago...
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 is known as the “pipeline doctrine” which grants limited retroactive...
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 driver was charged with DUI. Fortunately the injuries were minor...
Spring Hill Crash Another in Long Line of Fatal Middle Tennessee Truck Accidents
Earlier this year, a 35-year-old woman relocated to Williamson County with her husband and two children to take a new job. Sadly, on October 9 she lost her life in a four-vehicle crash on I-65 near Saturn Parkway (Highway 396), when her 2016 Jeep struck a tractor-trailer head-on, causing both...
Sex Offender Probation
Case: State v. Westley A. Albright Issue: Can a person on sex offender probation be violated for failing to admit his or her crime? Facts: Defendant pled nolo contendere to a sex offence. As a condition of probation, Defendant agreed to participate in sex offender treatment. Defendant was discharged from...
Norris “Taser Case” Officially Dismissed After Settlement With Cheatham County
FOR IMMEDIATE RELEASE Ben Raybin and David Weissman confirm that their client, Jordan Norris, has entered into a settlement agreement to resolve Jordan’s federal civil rights lawsuit against three Cheatham County Sheriff’s Deputies. Following that agreement, the lawsuit was 14 Stipulation of Dismissal today. The lawsuit alleged that the Deputies...
Why Are Distracted Driving Accidents Underreported?
Distracted driving is a major problem in Tennessee. Never mind the fact that the Tennessee State Legislature made it illegal to text and drive on Volunteer State roads back in 2009. In 2016, 24,743 crashes in Tennessee involved a distracted driver, and Davidson County was the scene of 2,861 distracted...
Nashville Good Samaritans Aid Victims of Fiery Truck Accident
Nashville Residents Help Truck Accident Victims On Friday August 4, Nashville resident Damien Horne and several of his friends were on I-24 in Johnson County, Ill.—en route to the 77th annual Sturgis Motorcycle Rally—when Horne heard a succession of crashing sounds behind him. “I looked through the rear view mirror...
Wrongful Death Plaintiff
Case: Brittany Noel Nelson, et al v. Charles W. Myres, et al. Issue: Does a spouse get priority over a child in a wrongful death case where the spouse is alleged to be at fault? Facts: A woman died in an accident in which her husband was allegedly at fault,...
Writ of Error Coram Nobis
Case: Tommy Nunley v. State of Tennessee Issues: Is withholding of evidence grounds for coram nobis relief? When is a petition for coram nobis time-barred? Facts: Nunley was convicted of aggravated rape in 1998. In 2014, he filed a Post-Conviction petition asking for DNA evidence to be tested, which was...
Warrantless Search of Parolees and Probationers
Case: State of Tennessee v. Janet Michelle Stanfield, Tony Alan Winsett, and Justin Bradley Stanfield Issue: When can law enforcement do a warrantless search on probationers and parolees? Facts: A probationer, parolee, and another person lived in a house which was searched by police without a warrant. They were arrested...
Retroactivity of Constitutional Challenges to Criminal Statutes
Case: State of Tennessee v. Christopher Minor Issue: If a criminal law is found unconstitutional after trial, can the issue be raised for the first time on appeal? Facts: Defendant was convicted of various offenses, including the “criminal gang offenses enhancement statute.” Defendant did not challenge the constitutionality of the...
Health Care Liability Action Pre-Suit Notice
Case: Tiffine Wendalyn Gail Runions, et al. v. Jackson-Madison County General Hospital District, et al. Issue: What happens when pre-suit notice misidentifies the proper defendant, but the defendant receives the notice? Facts: The original Defendants filed a motion to dismiss alleging that they did not provide medical treatment to the...
Attempted Creation of Child Pornography
Case: State of Tennessee v. David Scott Hall Issue: Was the evidence sufficient to prove the Defendant attempted to produce child pornography where the victim was expected only to change clothes? Facts: The Victim testified that she found the Defendant’s video camera recording her in her bedroom. She had a...
Accrual of Civil Actions
Case: David R. Smith v. The Tennessee National Guard Issue: Did the case “accrue” upon discovery of injury, or upon creation of a legal remedy? Facts: In 2011, Smith separated from the Tennessee National Guard, alleging that he had suffered discriminated for taking an active duty position, in violation of...
MTA Bus Hits Pedestrian in Downtown Nashville Accident
MTA Bus Accidents in Nashville Earlier this year, I wrote about an incident in which an MTA bus hit a 64-year-old woman and dragged her more than 50 yards at the intersection of Charlotte Avenue and 5th Avenue North in downtown Nashville. The Murfreesboro resident life suffered life-threatening injuries but...
Pedestrian Killed in Donelson Hit and Run Accident
Hit and run accidents have become all-too-common in Nashville. On a Sunday night late last month, three co-workers from India who had traveled to the United States to attend an employer-sponsored training program were walking along Elm Hill Pike in Donelson when they were struck by a red Ford pickup...
Tennessee Statutory Rape Laws and Punishments
The Statutory Rape Law in Tennessee We have all heard about the “age of consent.” That is the age at which a person is considered to be able to consent to sexual relations. The offense of statutory rape is essentially when sex would otherwise be considered “consensual” except for the...
Raybin & Weissman Files Lawsuit For Excessive Force in Taser Case
Excessive Force Lawsuit Raybin & Weissman recently filed a federal lawsuit on behalf of their client alleging excessive force. The suit alleges that Cheatham County Sheriff Deputies repeatedly Tased their client while he was restrained in a restraint chair and unable to resist. After he was released from jail, their...
Distracted Driving Statistics Show Major Problem in Tennessee
Distracted Driving in Tennessee on the Rise Eight years ago, the Tennessee State Legislature made it illegal to text and drive on Tennessee roads. But the law—codified in TN Code section 55-8-199—hasn’t reduced the number of distracted driving crashes in the Volunteer State. In fact, the number of distracted driving...
Raybin & Weissman Client Acquitted of Murder Charges
Verdict: Not Guilty David Raybin and Ben Raybin obtained a full acquittal of their client Brandon Horton, who had been charged with First Degree Murder. The prosecution alleged that Mr. Horton shot and killed a fellow Tennessee State University student in 2015. The police had initially determined that the victim...
Man Found Not Guilty in 2015 MTSU Student’s Murder in West Nashville
David Raybin’s expertise has helped save an innocent man from a murder conviction. Read about this case in WZTV’s article: https://fox17.com/news/local/man-found-not-guilty-in-2015-mtsu-students-murder-in-west-nashville
Tennessee Passes New Expungement Laws For 2017
The Tennessee Legislature has passed three new laws regarding expungement in 2017. Expungements allow destruction of public records regarding a criminal charge or conviction. In my previous blog post you can read frequently asked questions about existing expungement laws in Tennessee. Multiple Convictions An existing law allows for expungement of certain...
What To Do If You Are in An Accident With A Drunk Driver
Two of the most fun and exciting events of the summer will be happening this weekend. As you might guess, these two events are Bonnaroo and the CMA Fest. Fans come from across the state, country, and even the world to attend these world-renowned music festivals. You can find...
How to Stay Safe During Events in Downtown Nashville
It’s an exciting time in Nashville and Middle Tennessee. We have some of the best events and celebrations in the country which brings together family and friends. Many of these are happening in downtown Nashville such as The Predators at Bridgestone Arena, concerts at Ascend Amphitheater and live music on...
Can Throwing a Catfish Get You Arrested at a Nashville Predators Game?
We’ve now all heard about the Nashville Predators fan who was arrested for throwing a catfish on the ice during the Stanley Cup Finals game against the Penguins. Predators fans may be wondering whether the same act at a home game could land you behind bars in Nashville as well....
2-Year-Old Killed in Distracted Driving Truck Accident in Nashville
Dump truck driver Shawn Gardner was driving west on I-440 around 9 a.m. on May 15 when he allegedly took his eyes off the road to look for items that had fallen onto the floorboard of his truck. According to police, with his eyes off the road, he rammed into...
Stop Texting and Driving Tennessee Scholarship Winner
At Raybin & Weissman, we are extremely proud of our 2017 Stop Texting and Driving Scholarship winners. We had a number of amazing video entries, as students across the country created very effective PSAs which expressed the dangers of texting and driving. We cannot believe how powerful, creative and touching...
Can I Change Personal Injury Attorneys?
From time to time I get a call from an individual who is dissatisfied with the representation they are receiving from their personal injury lawyer. Their most common question is: [Can I fire my personal injury attorney? ](/can-discharge-attorney/)The answer is yes, but switching attorneys has its challenges. Perhaps the most...
How to Not Get Arrested at Bonnaroo & CMA Fest
Here in Middle Tennessee during the month of June, we are fortunate to host two of the most popular music festivals each year. Bonnaroo Music Festival in Manchester, Tennessee and the Country Music Festival right here in Nashville. A variety of people travel from all over for a long weekend...
Tractor Trailer Accident in Tennessee Leads To Emergency Hazmat Situation
Imagine being woken up early in the morning by a phone call from emergency personnel. You are told there was a chemical spill, to stay inside, and close yourself off from outside air. In the cold darkness of an early morning in mid-December, that’s exactly what happened in Middle Tennessee as...
Stop Texting and Driving Davidson County Scholarship Winner
At Raybin & Weissman, we are so proud of our 2017 Stop Texting and Driving Scholarship winners. These bright students created very effective video PSAs, which expressed the dangers of texting and driving. We are extremely impressed with the quality and creativity of all of the submissions we received. Choosing...
What Should You Pay Your Lawyer? – Don’t Overpay
If you or a family member has been hurt in an accident in Nashville or elsewhere in Tennessee, you’re probably considering filing a lawsuit. The first question you likely need the answer to is: “How do attorneys get paid?” Or, more specifically, “How do Nashville personal injury attorneys get paid?”...
A Hit-And-Run Victim Was Left For Dead Near Centennial Park
I recently learned of Jenn McCombs, who had fallen victim to a hit-and-run at the intersection of 28th Avenue and Poston Avenue while riding her bike near Centennial Park. An SUV had T-boned McCombs and knocked her off of her bicycle. The vehicle did not slow down and continued driving...
Enhanced Sentencing Notice
Case: State v. Kevin Patterson Issue: What information must be specified in the State’s notice of intent to seek enhanced sentencing? Facts: Defendant was found guilty of attempted second degree murder. The State filed a document styled “Notice of Prior Convictions” stating that the State intended to seek to have...
Elderly Woman Hit and Dragged by Negligent MTA Bus Driver
At a bus stop on Charlotte Avenue near the Music City Terminal a routine day turned into a nightmare. A 64-year-old woman stepped off the bus near the intersection of Charlotte Avenue and 5th Avenue. As she began to walk in front of the bus to cross 5th Avenue from...
Property Tax Relief for Elderly, Disabled Nashville Residents
If you’re elderly, disabled, or a disabled veteran, you may have heard that it’s possible to receive property tax relief, thanks to a State of Tennessee program designed to minimize the tax burden on low-income Tennessee homeowners. What you’ve heard is true; if you apply and qualify, the state...
Will Contests
Case: In re Estate of J. Don Brock Issue: Do will Contestants have standing to challenge a will if they will not benefit if it is set aside? Facts: Contestants are five adopted children of Decedent. Decedent executed a 2013 Will explicitly disinheriting Contestants, which was submitted for probate. Contestants...
Termination of Parental Rights
Case: In re Jude D. Issue: Was there sufficient proof that termination of parental rights was in the child’s best interests? Facts: DCS placed Mother’s children in the custody of Foster Parents. The trial court found clear and convincing evidence that Mother committed severe child abuse against children while in...
Stock Valuation
Case: Athlon Sports Comm. v. Stephen Duggan Issue: Is the Delaware Block Method the proper way to value shares of stocks? Facts: Athlon completed a merger which converted the minority dissenting shareholders’ shares into cash consideration and terminated their rights as shareholders. Athlon offered cash consideration for the shares at...
Divorce Injunctions
Case: Rose Coleman v. Bryan Olson Issue: What is the remedy when a spouse violates the automatic injunction resulting from a divorce petition? Facts: Shortly after a divorce was filed, Wife changed her life insurance beneficiary from Husband to her mother, in violation of the automatic injunction pursuant to TCA...
My Personal Injury Case: How Long Will it Take and How Much Will it Cost?
If you have been in an accident caused by someone else, you have lots of questions about whether or not you have a case, how to hire an attorney and how to pursue a personal injury case. After you decide that you do indeed have a case, you have identified...
5 Mistakes to Avoid When Hiring a Nashville Accident Lawyer
After you’ve been in a vehicle accident the unsolicited advice begins to pour in. What you should tell the insurance company, whether you should call a Nashville accident lawyer, which lawyer you should call, whether you should see a doctor, how much your case is worth, whether you should settle....
Improving Davidson County’s Worst Intersections: Estes Road Site
(This article is Part 3 of a 3 part series of articles on the 15 most dangerous intersections undergoing major improvements in Davidson County. Click here to read Part 1. And click here to read Part 2.) Improving Davidson County’s worst intersections includes paying serious attention to Estes Road in Green...
The Real Cost of Speeding in Tennessee
A recent car accident in Antioch has made me think lately about the costs of speeding. According to the Tennessean, on April 19th, a Nashville driver was operating his vehicle reckless on Bell Rd. He sped through a red light at the Blue Hole Road and Bell Road intersection causing...
Distracted Driving Crashes on the Rise in Nashville, TN
Late last month, the Tennessee Department of Transportation (TDOT) began accepting entries for its third annual Safety Message Contest, offering drivers the opportunity to craft the safety messages that appear on the Dynamic Message Signs above I-65 and the other interstates that crisscross Nashville. Last year’s winning entries were both...
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 in shock. You gather your composure and then realize that...
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. In Lowe, the warrant stated the time as “p.m.” instead...
Insurance Options: What Victims of Car Wrecks in Tennessee Should Know
“I was involved in an accident with a driver who does not have insurance.” Many times we have clients come in the office and they are involved in a motor vehicle accident where the person who caused the accident does not have car insurance. Naturally, this causes my clients to...
Improving Davidson County’s Worst Intersections: Changes in Antioch
(This article is Part 2 of a 3 part series of articles on the 15 most dangerous intersections undergoing major improvements in Davidson County. Click here to read Part 1.) Two busy Antioch intersections and another three in South Nashville are among the most dangerous intersections the city has targeted...
5 Things To Do If You Are Involved In A Car Accident
While it is obvious how important it is to be safe on the road, sometimes life gets in the way. During the hustle and bustle of our everyday routine, sometimes we put our car on autopilot and are not as careful as we should be. Practice Road Safety You are...
FAQ: Expungement of Tennessee Convictions
Many people with a prior criminal record contact us with questions about having their record expunged, which is a legal procedure that removes a conviction from your record. Unfortunately, Tennessee laws put many restrictions on who can obtain an expungement, but there are a few circumstances in which people can...
Why You Need Uninsured Motorist Coverage
“I have full coverage.” You understand the value of purchasing insurance, you want proper coverage. You think you have it. Then you get in an accident and you find out you weren’t properly insured at all- typically through no fault of your own. Why? Because, based on my experience, about...
Theft of Real Property
Case: State of Tennessee v. Tabitha Gentry, aka Abka Re Bay Issue: Does a person commit theft by occupying a house and preventing entry by the owner? Facts: The Defendant occupied a vacant house that was in the process of being sold by a bank following foreclosure. The Defendant put...
Severances, Transferred Intent, and Double Jeopardy
Case: State of Tennessee v. Lajuan Harbison Issues: (1) When should co-defendants have separate trials? (2) Can transferred intent support a voluntary manslaughter conviction? (3) Can a person receive multiple convictions for employing a firearm during a single criminal episode? Facts: Defendant was convicted of four counts of voluntary manslaughter...
Tax Overpayment Refund
Case: Chuck’s Package Store et al. v. City of Morristown Issue: Must a taxpayer pay “under protest” in order to later challenge overpayment? Facts: Six liquor Stores sued the City to refund a portion of inspection fees that had been erroneously calculated by the City. Since the Stores were unaware...
Self-Defense
Case: State of Tennessee v. Antoine Perrier Issues: Should the trial court or jury determine whether the defendant was “engaged in unlawful activity” in a self-defense case? What is the proper interpretation of that phrase? Facts: The defendant argued self-defense. The trial court read the pattern jury instruction stating that...
Legal Malpractice Statute of Limitations
Case: John Howard Story et al. v. Nicholas D. Bunstein et al. Issue: When does a legal malpractice claim accrue? Facts: Attorneys represented Clients in an underlying lawsuit against two defendants. One defendant was dismissed by the court, and the second defendant was later dismissed via voluntary nonsuit. After the...
Alternative Sentencing
Case: State of Tennessee v. Kevin E. Trent Issue: Did the trial court err in rejecting alternative sentencing? Facts: Defendant entered into a plea agreement to vehicular homicide by intoxication for an eight year sentence with the manner of sentence to be determined by the trial court. The court denied...
Improving Davidson County’s Worst Intersections: Madison to Undergo Changes
(This article is Part 1 of a 3 part series of articles on the most dangerous intersections undergoing major improvements in Davidson County.) Madison is home to four of Davidson County’s 15 most dangerous intersections as identified by Mayor Megan Barry’s infrastructure plan to make them safer. One of the...
Elderly Woman Killed in Own Living Room by Drunk Driver
Bobbie Ann Lafollette was described by her family as a kind, loving, Christian woman who was a mother, grandmother, sister, and friend to countless people she came across during her life. It was early Monday morning when Ms. Lafollette, sleeping in her own home, was instantly killed by a drunk...
Frequently Asked Questions After a Car Wreck
In almost every initial meeting with clients, we are asked some of the same questions. We have compiled a list of frequently asked questions and answered them below: 1. Who pays for my medical expenses? When you are involved in an automobile accident, you will inevitably incur medical expenses and...
Checking Child Safety Seats for Proper Installation Saves Lives
Any life lost in a vehicle accident is horrible but the loss of toddler or baby is especially tragic. I urge everyone in Greater Nashville to make sure they use child car restraints properly each and every time they get behind the wheel. As the cold weather season approaches, be...
Proud to be Recognized as One the Nation’s Best Law Firms
You know we don’t like to toot our own horn. At our firm, the best recognition comes from the people we represent: mothers, fathers, sisters, students, public servants, professionals – all of the people who pay their dues and are working hard to do right by their families and their...
Aggravated Robbery
Case: State of Tennessee v. Antonio Henderson and Marvin Dickerson Issue: May a defendant argue during closing argument that an offense was not aggravated robbery because the injury occurred after the taking of property? Facts: Defendant allegedly demanded the possessions of the victims, who complied. Then, one of the victims...
Personal Injury Medical Expenses
Case: Jean Dedmon v. Debbie Steelman, et al. Issue: What medical expenses may be offered at trial where a hospital accepts payment less than the originally-billed amount? Facts: Personal injury Plaintiffs submitted expert testimony of the billed medical expenses to establish the reasonableness of their claimed medical expenses. Defendants argued...
Collection of Deficiency Judgments
Case: Regions Bank v. Thomas D. Thomas, et al. Issue: When is a lender entitled to a deficiency judgment after failing to comply with the commercial code’s collection requirements? Facts: Borrower defaulted on loan. Bank accelerated the loan and sued loan’s guarantor. Bank sold collateral securing the loan, then sought...
After You’ve Been in a Car Accident in Nashville
I had a conversation with a potential client in Nashville this morning who said something that I hear all too often. She said, “I thought I could handle this with the adjuster directly, but I realize I cannot.” She then went on to tell me about the difficulty and the...
Fatigued Trucking Accident Causes 8-Vehicle Crash in Nashville
Recently, a FedEx truck driver crashed on I-24 West causing multiple injuries. When I learned about this horrific accident, I immediately thought about the safety of Tennesseans who regularly use our roadways for commuting to work or visiting loved ones. According to reports from News Channel 5 and WKRN, the...
Bike Rider in Berry Hill Injured in Crash With SUV
Nashville has seen a substantial amount of growth over the past five years. With this increase in population, traffic and parking have become a problem in our community. One solution to this problem is to forgo driving your motor vehicle and hop on a bike instead. Some areas, near Belmont...
TDOT Worker’s Tragic Death Calls Attention to TN’s Move Over Law
It’s hard to forget the fatal 18-wheeler collision that took the life of 65-year-old TDOT technician David Younger in late April. According to the reports I read from WKRN, the accident took place around 9:40AM, Thursday, April 28th when a TDOT crew took three emergency vehicles down I-40 to respond to...
Victims of Crime Now Allowed To Sue without the Necessity of Re-Litigating the Facts of the Case
Victims of crime have long been allowed to sue the criminal in a civil suit to gain compensation directly from the criminal. However, until now, the victim had to re-present the entire criminal case in the civil litigation. Even though a criminal case has to be proven beyond a reasonable...
Wrongful Death Claims When Child Support is Owed
Case: Kenneth M. Spires et al v. Haley Reece Simpson et al. Issue: Can a surviving spouse who owes child support commence and maintain a wrongful death action? Facts: Husband and Wife had a Child together. Wife was killed in a car accident. Husband sued on behalf of Wife and...
Wrongful Death Statute of Limitations
Case: Linda Beard v. James William Branson, et al. Issue: Does a pro se complaint filed by the decedent’s surviving spouse toll the wrongful death statute of limitations? Facts: Surviving spouse filed a pro se wrongful death action within the statute of limitations. An attorney then filed an amended complaint...
Marital Property
Case: In re Estate of Calvert Hugh Fletcher Issue: Do funds invested from marital property by one spouse remain marital property? Facts: Decedent owned a certificate of deposit before dying. Wife alleged that the funds were derived from a joint marital account, they should have been impressed as entireties property....
Administrative Appeals
Case: Tennessee Department of Correction v. David Pressley Issue: Does the State or the Employee have the burden of proof in an administrative employment appeal? Facts: State Employee filed administrative appeal challenging his termination. The Board of Appeals, putting the burden of proof on the State, reduced his termination to...
Check Your Firearms At Home Before Heading to the Airport
In 2015, 59 people were found taking firearms into Nashville International Airport (BNA), the sixth most of any airport. Presumably, none of these people were planning to hijack the plane or commit any other kind of crime. It is easy to forget a firearm in your bag when rushing to...
More Truck Drivers Overworked in TN Because of Gas Shortage
Just recently, Governor Bill Haslam declared a state of emergency in response to a pipeline burst, which leaked more than 6,000 barrels of gasoline down in Alabama. This pipeline is the major source of gas to Nashville and several other cities in the Southeastern United States. When I read that...
Trustee Authority to Arbitrate
Case: Alexis Breanna Gladden v. Cumberland Trust and Investment Company et al. Issue: Does the signature of a trustee on an investment account agreeing to arbitration bind a minor beneficiary? Facts: A trust agreement created for a disabled minor provided that the trustee can settle any claims by arbitration. The...
Repairman’s Lien
Case: Embraer Aircraft Maintenance Serv., Inc, v, Aerocentry Corp., No. 3:13-cv-00059 (M.D.T.N). Issues: May a repairman’s lien arising under Tenn. Code Ann. § 66-19-101 be enforced by a method other than attachment of the lien-subject property itself? Under what circumstances, if any, may a court attach the proceeds of the...
Preemption of Employer Negligence by Vicarious Liability
Case: Melanie Jones, individually and on behalf of Matthew H. v. Shavonna Rachelle Windham, et al. Issue: Does an employer’s admission of vicarious liability preempt claims for direct employer negligence? Facts: Plaintiff was hit by a van driven by an Employee of Defendant Company. Plaintiff sued for negligence against the...
Jury Deliberations
Case: State of Tennessee v. Susan Jo Walls Issue: When may a jury be allowed to deliberate into late night hours? Facts: The Defendant was hospitalized with a medical emergency shortly before jury instructions. Over defense counsel’s objection to adjourn until the next day, the court elected to wait for...
Judge-Elect GTLA Liability
Case: Judith Moore-Pennoyer v. State of Tennessee, et al. Issue: Does a judge-elect (who has not yet assumed office) act as a “state officer or employee” for purposes of the Government Tort Liability Act? Facts: A judge-elect told the incumbent judicial assistant that her services were no longer needed, and...
Identity of Criminal Offenses
Case: State of Tennessee v. Christopher Scottie Itzol-Deleon Issue: When should criminal offenses be merged? Facts: The victim testified that the Defendant removed her pajama pants while she was facing away from him and that she felt something on her back, which she assumed was his “private part.” She clarified...
Ecclesiastical Abstention
Case: Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al. Issue: When does the Ecclesiastical Abstention doctrine apply in church property disputes? Facts: A hierarchical church filed a complaint against one of its local churches, seeking an order establishing the hierarchical church’s control over...
Can Signing Your Name to a Lease or Contract in Your Corporate Capacity Still Subject You to Personal Liability?
Convention wisdom is that if you add your company name to your signature then only the company is bound by the terms of the legal document if you and your company are sued for failure to perform. Not always, says the Tennessee Supreme Court. In MLG Enterprises, LLC v. Richard...
2016 Texting and Driving Scholarship National Winner
We at Raybin & Weissman are so proud of our 2016 Texting and Driving Video Scholarship winners. These bright students created very effective Public Service Announcements (PSAs), which expressed the dangers of texting and driving. We could not believe how powerful, creative and touching the videos that we received were....
7 Year Old Boy Killed In Distracted Driving Crash In Brentwood
Hayes Springer’s birthday was just around the corner. He would have been going into the second grade at Scales Elementary School. Instead of balloons and a birthday party at the Springer’s on June 16th, Hayes birthday, there were blue ribbons in the front yard to commemorate a life taken away...
The University of Tennessee Rape Case – A Civil Perspective
(photo courtesy of Wikipedia) It seems at present we live in a world where our college campuses are out of control. As I have written on this blog in the past, I am the father of teenage girls. I have sent one off to college and the other is not...
Order of Protection Notice
Case: State of Tennessee v. Rodney Stephens Issue: How much “notice” of a protective order must a respondent be given to be guilty of aggravated stalking when the person is “under” an order of protection or restraining order? Facts: Defendant “stalked” his wife who had obtained an order of protection...
Med-Mal Pre-suit Notice
Case: Deborah Bray v. Radwan R. Khuri, MD Issue: Did the medical release comply with HIPAA? Facts: Plaintiff sent Defendant a “Notice of Potential Claim for Medical Malpractice” letter and “Authorization to Disclose Health Information.” Defendant moved to dismiss on the basis that Plaintiff failed to comply with the statute...
Ashley F. Galmish Honored as President Appointed Young Lawyers
We at Raybin and Weissman congratulate Ashley F. Galmish on her recognition as one of three President Appointed Young Lawyers. The newly elected 2016-2017 president of the Tennessee Trial Lawyers Association (formerly Tennessee Association for Justice), Thomas Greer, honored Ashley in June at the TTLA Annual Convention for her success...
2016 Texting and Driving Scholarship Winner Davidson County
At Raybin & Weissman, we are so proud of our 2016 Stop Texting and Driving Scholarship winners. These bright students created very effective PSAs, which expressed the dangers of texting and driving. We could not believe how powerful, creative and touching the videos that we received were. Choosing winners was...
Texting and Driving Scholarship “Distracted” Video – Honorable Mention
Our 2nd scholarship competition has come to a close. We asked students to create short PSAs on the dangers of texting and driving. We could not believe how powerful, creative and touching the videos entries were. We’ve selected and awarded our three scholarship winners but we were so impressed with...
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 down for just a moment before speeding away. A police...
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 belts. That being the case, why is it then that...
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 Paternity. Putative father died, and his mother filed and settled...
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 Middle Tennessee’s leading lawyers and corporate counselors in their Best...
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. § 40-35-115(b)(4). Appellate Decision: The trial court affirmed the sentence. The...
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 stain on the floors. Shortly before completion, the house burned...
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. The trial court held in favor of Mother upon finding...
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 then later filed a Rule 41(g) motion for return of...
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 a complaint with the local election commission challenging Pemberton’s eligibility,...
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 “reasonable purpose” pursuant to Tenn. Code Ann. § 36-6-108. The...
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 hard time with that reply and the conversation dissolves into...
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 trucks are constantly passing through our most heavily traveled areas,...
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 were signing a waiver in the event your child gets...
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 accident. However, there could be a twist that you or...
How Not To Get Arrested: Self-Defense Techniques to Teach Your Children
When young people are arrested the parents always say: “Mr. Raybin….my child is a good kid.” Please don’t call me up and say: “Mr. Raybin…he’s a good kid.” I’ll say, “Look, he is a kid that doesn’t understand consequences.” Where do you start? BEGIN WITH THE LAW. What? THE...
Downtown Nashville B-Cycle Rental
I was walking downtown Nashville on Church Street the other day and noticed all of the bicycle racks with available rental bikes. The first thought that came to my mind was this might not be the best idea. That being the case, I decided to look into it a little...
Meet the Press: Dealing with the Media in High Profile Cases
“In the context of judicial proceedings, an attorney’s First Amendment rights are not without limits. Although litigants and lawyers do not check their First Amendment rights at the courthouse door, those rights are often subordinated to other interests inherent in the judicial setting.” Pretrial publicity is often seen as a...
Move Over Law in Tennessee
One of Tennessee’s most important rules of the road regarding safety is also one if its least known. Specifically this is the Move Over Law. This is the law that requires a driver to move his vehicle into an adjacent lane of traffic, or slow down if moving over is...
TN Seat Belt Laws For Kids Save Lives
Many of us have or have had at some point in our lives the responsibility of caring for a young child. To ensure we fulfill this incredible responsibility, we take a great many precautions every day to provide for the safety and well- being of our most prized loved one....
Don’t Drive Sleepy or Tired
I know it seems as though I have written blogs on all the things that we, as drivers, should not do while driving a vehicle. Texting and Driving, Drinking and Driving, and so on… However, one thing many of us never consider is driving while tired. Dog tired? Don’t drive!...
Warrantless Search of Residence
Case: State of Tennessee v. James Robert Christensen, Jr. Issue: Did officers need a search warrant to enter the property bearing a “no trespassing” sign while investigating an active meth lab? Facts: Law enforcement went to Defendant’s residence on suspicion that he was producing methamphetamine. Officers testified they smelled an...
Sexual Exploitation of a Minor
Case: State of Tennessee v. Thomas William Whited Issue: Does the term “sexual activity” in the Sexual Exploitation statute encompass bathroom usage when a person records someone engaging in normal bathroom activities? Facts: Defendant was convicted of Sexual Exploitation of a Minor (among other things) after secretly recording minors using...
Community Caretaking Police Function
Case: State of Tennessee v. Kenneth McCormick Issue: Can the police seize and detain citizens when acting as a “community caretaker”? Facts: Officer saw Defendant parked in a parking lot late at night, with one wheel partially in the roadway. Officer parked in the roadway behind the vehicle and turned...
Civil Collateral Estoppel From Criminal Conviction
Case: Ms. Bowen, et al v. William E. Arnold, Jr. Issue: Does a criminal conviction collaterally estop a civil defendant from a defense on the merits in a civil case regarding the same conduct? Facts: Defendant was prosecuted and sued for the same conduct against Plaintiff. After Defendant was convicted...
Texting & Driving: Can the Sender of a Text be Liable Too?
As I have commented on many times in this site,texting and driving is a hazard that needs to stop. I have covered a variety of different thoughts on this issue. That being said, I want to comment on an aspect that most people probably have not thought about- specifically what...
Tennessee Teacher Tenure Act
Case: Emory v. Board of Education Issue: What is the remedy when a School Board fails to conduct a tenured teacher’s termination hearing within the time mandated by the statute? Facts: Teacher, who had tenure, requested a hearing before the School Board to challenge her pending termination. Although the Tenure...
City Of Cranes: Nashville’s Construction Zones & Safety Laws
It is no secret that Nashville is growing at an unprecedented rate. Everywhere you look there is some type of construction or new building project going on. Whether it is road construction or a new high rise going up downtown, this much is clear- Nashville is booming. Construction Cranes: A...
National Texting and Driving Scholarship Winning Essay
Earlier this year, my firm and I set out to make a difference in the fight against texting and driving by offering a scholarship for texting and driving essays. Over 5,000 high school and college students took the time to answer our essay prompt: “If you had to convince just...
Uninsured Motorist Coverage
Case: Edward Martin v. Gregory Powers, et al Issue: Does an Uninsured Motorist Policy cover an accident caused by a rental car, when the rental company is self-insured yet exempt from liability? Facts: Plaintiff was injured by driver in a rental vehicle, and sought his policy’s uninsured motorist coverage. Plaintiff’s...
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 so my firm and I created an annual scholarship contest...
Tennessee Association of Criminal Defense Lawyers Letter to the Governor
David Raybin drafted the July 29, 2015 letter which TACDL sent to the Chair and Members of the Governor’s Task Force which will have its final meeting in Nashville on August 6, 2015. The Governor’s Task Force is considering recommendations for the first major revision of our sentencing laws in...
What is a Social Security Disability Lawyer’s Cost?
Social Security attorneys are paid on a contingent basis. If we don’t win your case, you don’t pay- it’s as simple as that. So how much is the cost of an SSDI lawyer, once you win? The Social Security Administration has determined that an attorney who prevails on a case...
Williamson County Texting and Driving Scholarship Winning Essay
I am very pleased to announce the winner of the Williamson County Stop Texting and Driving Scholarship- Travis Burhart. As you know if you have read my blog posts on this web site in the past, I have become passionate in my desire to eliminate texting and driving. As a...
Planning Safe & Successful Summer Road-Trips
The kids are out of school, the days are warmer and longer, and it just feels right to take a little summer trip. It’s time to head to the mountains, the grandparents, or the beach. One of the great things about Middle Tennessee is that we don’t need to fly...
Traffic Laws for Tennessee Visitors
With the summer months upon us and the constant travel interstate in Tennessee, it is worthwhile for all visitors entering the state to be made aware of some of the most important laws of the state. This awareness will ensure all visitors time in the volunteer state, whether short or...
Stick to your Guns: Can You Lose Your Firearm Rights in a Divorce Case?
Can you lose your gun rights in a divorce case? It is certainly possible. Persons subject to domestic relations civil injunctions or orders may lose their firearm rights even where the order says nothing about firearms. Whether the loss is permanent or only temporary depends on the language...
Texting and Driving – IT CAN WAIT!
How many times a day do you pick up your phone while you’re driving to read or send a text? Can you honestly say that you have never once been guilty of doing this? No, you cannot. The ugly truth is that most of us, if not all of us...
The Pinheads Strike Twice at the Little Bowl for Kids’ Sake Fundraiser
The firm would like to congratulate Ashley F. Galmish who spearheaded our team, The Pinheads, for the Lawyers for Little Bowl for Kids’ Sake fundraiser last night at the AMF Pla Mor Bowling Lanes. Pictured back to front, left to right-Bonnie Anderson, Ashley F. Galmish, Coleen Eslinger, David Raybin, David...
Utility Charge Challenges
Case: American Heritage Apartments, Inc. v. The Hamilton County Water and Wastewater Treatment Authority, Hamilton County, Tennessee Issue: Is local Water Authority subject to private cause of action for allegedly unjust charges? Facts: Plaintiff Apartment Complex sued Defendant Water Authority over the amount of a monthly flat charge for sewer...
Traffic Stop Suppression
Case: State of Tennessee v. Linzey Danielle Smith State of Tennessee v. William Whitlow Davis, Jr. Issue: Does driving over the fog line justify a stop of the vehicle? Facts: In these consolidated cases, the Defendants were arrested for DUI after being stopped for crossing over the fog line a...
Challenging a Conviction After the Sentence has Expired
Cases: State v. Adrian R. Brown and State v. James D. Wooden Issue: May a conviction may be challenged after the sentence has expired? Facts: In State v. Brown, Mr. Brown was convicted of a drug offense which was apparently used to enhance his sentence in a federal case. He...
Defective Indictment and Lesser-Included Offenses
Case: State of Tennessee v. Rhakim Martin Issues: Must an indictment specify a particular predicate felony? Did the trial court commit plain error in failing to instruct the jury on a charge that was not deemed to be a lesser-included offense until after the trial? Facts: Defendant was convicted of...
Corporate Shareholder Standing
Case: In Re: Estate of Edward Stephen McRedmond Issue: Do shareholders of a corporation have standing to seek damages for alleged corporate losses or to seek an injunction? Facts: The case involves a long standing dispute among ten siblings with respect to a family business. After years of litigation, the...
7 Important Summer Water Safety Tips
It is that time of year again…time to fire up the Bar-B-Q, let down that convertible top, pull out the shorts and sandals, and travel to the lake for some fun in the sun. That’s right..it’s summer time in Tennessee. One of the best things about summer time in middle...
What You Need To Know About UBER & Car Accidents
UBER is quickly growing to be the most reliable car service in the country. Its accessibility and reliability has spread nationwide. The quality, convenience and efficiency of the organization presents an outstanding alternative to the taxi cab. Based on personal experience, UBER appears to be a great company featuring clean...
Lesser-Included Offenses
Case: Rashe Moore v. State of Tennessee Issue: Should the trial court have instructed on the lesser-included offense of Aggravated Kidnapping, where the Defendant was tried for Especially Aggravated Kidnapping for holding victims at gunpoint? Facts: Defendant was tried for multiple counts of Especially Aggravated Kidnapping (among other offenses) after...
Do You Ever Turn Down Cases?
First, lets get to know each other I am frequently asked if I ever turn down cases. The short answer is yes, even if it is a case I believe has financial value. The reason I do so is that I need to make sure we are a good fit for...
Is My Attorney Doing A Good Job?
One of the primary benefits in hiring an attorney is being freed up to focus on getting better. You want, and should be able, to turn the legal mess over to the professional. That being said, unfortunately, sometimes it doesn’t work that way. On the one hand, it is perfectly...
How Long Does It Take To Get A Social Security Settlement?
The pursuit of Social Security Disability Benefits is a long, slow process. Typically it takes close to two years from the date you start. Typically it’s A 3 Step Process With almost every case, it takes time to get a Social Security settlement. There are three steps to obtain benefits....
Time to Take A Stand On Texting & Driving
As I have discussed many times, texting and driving is an inherently very dangerous act. As a parent to teenagers and as a person who drives a long way every day, trying to end this plague is a passion of mine. Ending Texting & Driving In light of same, I...
Letters of Support in Criminal Sentencing Hearings
Letters relevant to punishment are allowed in sentencing hearings in state and federal court. Gathering letters of support is a good thing for your client’s family to do, but they often do not know how to go about it. Here is an example of guidance I provided in a recent...
Ben Raybin’s Client Prevails in TN Supreme Court Case
The Tennessee Supreme Court has held in favor of a man represented by attorney Ben Raybin, who argued that the State failed to follow proper procedure in seizing property. Tennessee’s civil forfeiture statutes allow the State to obtain forfeiture of property “used in the commission” of certain crimes, including possession...
Marital Dissolution Agreements
Case: Guy Hawkins v. Diana Le-Hawkins Issues: Can a Marital Dissolution Agreement be enforced if it was filed in regards to a legal separation rather than a pending divorce? Is a divorce valid in light of a challenge to an MDA? Facts: Husband and Wife entered into an MDA while...
Health Care Liability Act
Case: Adam Ellithorpe, et al v. Janet Weismark Issue: What is the proper standard for determining whether all, or part, of a complaint is subject to the Health Care Liability Act’s pre-suit notice requirements? Facts: Parents alleged that Social Worker provider counseling services to child without Parents’ consent, and brought...
Relief from Execution for Intellectually Disabled
Case: Pervis Tyrone Payne v. State of Tennessee Issues: The Supreme Court’s order granting review identified the following issues: (1) the appropriate remedy for an intellectual disability claim under these circumstances if coram nobis relief is not available; and (2) the relevance, if any, of the holding in Van Tran...
Defective Indictment
Case: State of Tennessee v. Willie Duncan Issue: Must an indictment specify a predicate felony for a charge of employing a firearm during the commission of a dangerous felony? Facts: Defendant was indicted for (1) aggravated burglary, (2) especially aggravated kidnapping with a deadly weapon, and (3) employing a firearm...
What Is The First Thing An Attorney Should Do?
A good attorney will do the following: A good attorney will make an instant connection with you. Establish channels of communication that will make you comfortable. They will make you feel confident. In establishing that relationship right up front, you will know you have a partner to get you through...
Zoning Appeal
Case: Metro v. The Board of Zoning Appeals Issue: Can a city challenge a zoning determination with a writ of certiorari? Facts: A billboard company applied to Metro Codes for permits. When the applications were denied, the company appealed to the Board of Zoning Appeals, which reversed the initial decision...
Motion to Dismiss in Securities Fraud Case
Case: First Community Bank, N.A. v. First Tennessee Bank, N.A., et al. Issue: Did the Complaint alleging securities fraud sufficiently plead claims for which relief can be granted? Facts: Plaintiff purchased asset-based securities that turned out to be unmarketable. Plaintiff then sued Defendants for fraud and negligent misrepresentation of the...
Election of Offenses
Case: State of Tennessee v. Jimmy Dale Qualls Issue: Was the State’s election of offenses sufficiently specific? Facts: Defendant was convicted of abusing his two daughters over a lengthy period of time. The case was reversed the first time for failure of the State to properly elect which facts fit...
Are Credentials Important?
Credentials Are Earned Through Experience You have heard that “experience is the best teacher.” That is true- there is no substitute for experience. After twenty five years of trying cases, I cannot imagine encountering a scenario I have not previously dealt with. It is absolutely essential that you select an...
How Do Attorneys Get Paid?
When deciding whether to retain an attorney, one of the most important pieces of information you need is what is this going to cost me. Unlike most attorneys who bill by the hour, personal injury attorneys charge contingent fees. This means I get paid a percentage of your recovery. While this...
Remittitur of Damages
Case: Donreil A. Borne v. Celadon Trucking Services, Inc. Issue: Whether, and to what extent, a suggestion of remittitur is appropriate for loss of enjoyment of life damages. Facts: Plaintiff prevailed in a motor vehicle accident trial and was awarded, among other things, $750,000 in damages for loss of enjoyment...
Real Property Dispute
Case: Arthur B. Roberts et al. v. Robert Bailey et al. Issue: Can a party acquire title by prescription where another party with a legal interest previously lacked notice of their potential interest? Facts: The Baileys maintained exclusive and uninterrupted possession of the Disputed Property for decades. In 2009, a...
Access to Counsel
Case: State of Tennessee v. Michael Smith Issue: Is a defendant deprived of due process rights by being required to sit behind counsel table? Facts: The Defendant challenges Rule 8.05 of the Rules of Practice and Procedure for Shelby County Criminal Court. The Rule states “[w]here space is available and...
Workers Compensation Discrimination
Case: Kighwauda M. Yardley v. Hospital Housekeeping Systems, LLC., 3:13-cv-00622, U.S. District Court of the Middle District of Tennessee. Issues: (1) If a prospective employer refuses to hire a job applicant because that applicant had filed, or is likely to file, a workers’ compensation claim incurred while working for a...
Tolling Agreement
Case: Circle C Construction, LLC v. D. Sean Nilsen, Et Al. Issue: Does a tolling agreement between parties preclude the application of the savings statute set forth in Tenn. Code Ann. § 28-1-105(a)? Facts: Plaintiff contemplated a legal malpractice action against a firm but the parties entered into a statute...
Healthcare Liability Action Pre-suit Requirements
Case: Timothy Davis, as surviving spouse and next of kin of Katherine Michelle Davis v. Michael Ibach, M.D., and Martinson Ansah, M.D. Issue: Did Patient’s pre-suit notice’s failure to indicate attorney had no violations of the healthcare liability action statute require dismissal with prejudice? Facts: Patient’s certificate of good faith failed...
What Does A Good Attorney Do?
A Good Attorney Is… above all else, your champion. What do I mean by this? When you retain me, you are hiring more than someone who knows the law. I think it goes without saying that you expect any lawyer you hire to be knowledgeable. I should know the law. I...
Computation of Franchise and Excise Taxes
Case: Vodafone Americas Holdings Inc. & Subsidiaries v. Richard H. Roberts, Commissioner of Revenue, State of Tennessee Issue: Can the Commissioner of Revenue require a variance from the standard cost of performance methodology provided by law where the majority of the company’s “earnings producing activities” occur outside of Tennessee? Facts:...
Voidability of Default Judgments
Case: Stephanie D. Turner v. Kevin Turner Issue: Whether Respondent was required under Tenn. R. Civ. P. 60.02 to file her petition to set aside within a reasonable time and, if not, whether exceptional circumstances exist in this case that require a different rule. Facts: Father obtained a default judgment...
Do I Have A Good Case?
This is by far the most common question I am asked by my clients. While this is a simple question, it does not have a simple answer. There are a host of factors that have to be considered to answer the question. In general terms, when deciding whether to take a case,...
The Reality of Child Porn & House Forfeiture
You could lose your home to the government if police find illegal images on your computer. Every state is different, but in Tennessee any property may be seized by the state if it is “used in the commission of” an offense for exploitation of a minor. T.C.A. § 39-17-1008(a). These...
What Questions Should I Ask My Attorney?
In selecting an attorney, you should be primarily concerned with whether they have the ability and skill to properly represent you in your case. When meeting an attorney for the first time, you should ask them about their past experience with cases similar to your own. Ask them about their...
Do I Need An Attorney?
Involved in an accident? If you have been involved in an accident and injured as a result, then you absolutely need to hire an attorney. This is not a situation that anyone without experience should handle on their own. As the saying goes- “do not try this at home!” Someone...
Can I Discharge My Attorney?
Steps You Can Take If you have an attorney and think you are not being represented the way you deserve, there are certain steps you should take. First, ensure the lines of communication are open. Schedule a face to face meeting and voice your concerns. Tell your lawyer exactly how...
Standing to Challenge Tax Sale
Case: Mortgage Electronic Registration Systems, Inc. v. Carlton J. Ditto, et al Issue: Is MERS entitled to notice before the sale of a mortgage loan from one of its members? Facts: Plaintiff MERS provides an electronic registration system for tracking interests in mortgage loans for a fee to member lending...
Public Records Act
Case: Stephen Michael West, et al. v. Derrick D. Schofield, et al. Issue: Does the Public Records Act make the identities of executioners privileged from pre-trial discovery? Facts: Death Row Inmates filed a lawsuit alleging that Tennessee’s execution protocol is unconstitutional. Inmates served interrogatories on the State seeking the identities...
Right of Confrontation: Medical Examiners Report
Case: State v. Thomas Lee Hutchinson Issue: Can a medical examiner testify as to the contents of an autopsy report written by a different medical examiner? Facts: One medical examiner prepared the autopsy report but did not testify. A second medical examiner testified as to the contents of the report...
Merger of Offenses
Case: State of Tennessee v. Terrence Justin Feaster The Legal Issue Whether convictions for attempted voluntary manslaughter and aggravated assault should have been merged under due process principles. Facts of the Criminal Defense Case The defendant assaulted his girlfriend and savagely beat her over some period of time. He was...
Search and Seizure: Inevitable Discovery
Case: State of Tennessee v. Thomas Lee Hutchison Issue: Whether the inevitable discovery doctrine applied to the search of the defendant’s home. Facts: Following a report of a shooting, officers entered the defendant’s home. The officers found the defendant in the living room bleeding and went upstairs where they found...
Tennessee Public Protection Act and the GTLA
Case: David G. Young, Individually and as City Administrator for the City of Lafollette v. City of Lafollette et al. Issue: Does the GTLA’s non-jury provision apply to claims brought pursuant to the Tennessee Public Protection Act? Facts: Employee brought TPPA claim against City and requested a jury trial. City...
Pre-Suit Notice in Health Care Liability Action
Case: Clayton Arden, Surviving Spouse v. Kenya L. Kozawa, M. D. Issues: Was pre-suit notice sufficient despite failing to list addresses of plaintiff and defendant? Was service of notice via Federal Express (rather than USPS) sufficient? Facts: Plaintiff sought to file suit against Defendants Doctor and Hospital. The pre-suit notice...
Applicability of Uniform Administrative Procedures Act
Case: The Chattanooga-Hamilton County Hospital Authority D/B/A Erlanger Health System v. United Healthcare Plan of The River Valley, Inc. D/B/A Americhoice and Tennessee Attorney General Issue: Did Hospital challenge the applicability of TennCare regulations so as to divest the trial court of jurisdiction under the UAPA? Facts: Hospital filed an...
What To Do If You Have Been In An Accident
As most people have no idea what to do when they get in an accident, I thought it would be useful to give a few simple suggestions. A Simple Checklist: First, take inventory of your body. Check yourself to make sure you are physically okay. If you need medical attention,...
TN DUI Law Changes & Driving a Company Car
Getting a DUI or Implied Consent conviction in Tennessee means losing your driver’s license for one year. In many situations, a person is able to obtain a Restricted License by which they can drive with certain conditions. The most common condition is installation of an Ignition Interlock Device in...
As My Attorney, What Do You Do?
As Your Attorney: I will do everything in my power to allow you to put all of your focus on your recovery from your injuries. I will keep you informed, direct your actions, and handle the legal aspects of your claim. I will make you as comfortable as possible with...
How Do You Transfer Probation Supervision to Another State?
What happens where the probationer is going to be supervised in another state? Few lawyers (and not all judges) realize that when one’s client lives in another state the client may not leave Tennessee until the other state has “accepted” (which is a term of art) the client for probation...
Why Do We Have A Conscience?
On the holiest day of each year three members of Temple Ohabai Sholom in Nashville are asked to address the congregation about their Jewish experiences. This day is our Day of Atonement – Yom Kippur – where we gather as a community and ask God for forgiveness and strength to...
Patriot Day and Folds of Honor
Raybin & Weissman would like to thank all the service men and women as well as their families for their sacrifices for our country. To show our gratitude, we were proud sponsors of a fundraiser held at The Governor’s Club throughout the entire month of September. The Governor’s Club is...
Summary Judgment Standard
Case: Michelle Rye, et al. v. Women’s Care Center of Memphis, MPLLC d/b/a Ruch Clinic, et al. Issue: The Supreme Court’s Order granting review noted the Court’s interest in “whether the Court should re-consider the summary judgment standard previously articulated by the Court in Hannan v. Alltel Publishing Co., 270 S.W.3d...
Election of Offenses
Case: State of Tennessee v. Courtney Knowles Issue: Must a conviction be reversed when the State’s elected offense specified the wrong act for the date provided? Facts: Defendant was tried for one count of rape of a child. The State offered evidence that the Defendant and the Victim engaged in...
DUI Arrest
Case: State of Tennessee v. Mechelle L. Montgomery Issue: Can an officer detain a DUI suspect for fifteen minutes without performing any DUI investigation to wait for additional information regarding an unrelated crime involving the suspect? Facts: A Deputy saw a vehicle in a parking lot that matched the description...
How to Give a Deposition in a Personal Injury Case
If you bring a lawsuit, you can expect to be asked at some point to give a personal injury deposition. Almost every one of our clients involved in litigation is deposed at some point in the process. Most people find the thought of this to be very intimidating. However, it...
What Do I Wear to Court?
Believe it or not, one of the most common questions clients ask me is: “What do I wear to court?” Just like in any other setting, people want to make sure they are dressed appropriately without being “overdressed.” In short, I usually recommend that my clients adhere to “business-casual” rules....
David Raybin testifies in Senate Judiciary Committee on Sentencing Reform
Panel tackles criminalal justice system in Tennessee For the first time in two decades, Tennessee lawmakers want to take a hard look at the way the state punishes criminals. All seem to agree that the current system is broken. The Tennessee Senate Judiciary Committee on Monday began a two-day discussion of...
Tips and Advice on Choosing Your Doctor
Choosing your doctor, whether due to an accident, injury or simply general health matter, is amongst the most important decisions you will make. Unfortunately, it can also be amongst the most frustrating. However, if you follow a few simple universal guidelines, you can help ensure a successful choice that will...
Congratulations To Vince Wyatt!
Weissman, Vince and Ashley at Vince’s going away party The lawyers and staff of Raybin & Weissman want to take this opportunity to congratulate Vince Wyatt on his decision to join the Metropolitan Nashville District Attorney office. After his many years with the firm, Vince decided this was a good...
David Raybin recognized as Nashville “Lawyer of the Year”
Congratulations to Raybin & Weissman partner David Raybin for being named the Best Lawyers’ 2015 Nashville Criminal Defense: White-Collar “Lawyer of the Year”. Best Lawyer’s 2015 is the 21st edition of thorough, peer reviewed listings that select attorneys through an extensive survey of leading lawyers. The Best Lawyers in America®,...
Darren Henrie Plea
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 soon as you see the “blue lights” Slow down and...
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 – no pun intended. If you happen to be the...
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? More than twenty years ago, the Tennessee Supreme Court ruled...
Impeachment by Prior Conviction
Case: State of Tennessee v. Frederick Herron Issue: Is Defendant entitled to new trial where trial court would have allowed impeachment by an unspecified prior felony conviction, even though Defendant’s testimony was not proffered? Facts: Prior to trial, the trial court ruled that Defendant could not be cross-examined by the...
Power of Attorney
Case: Wilkins, et al. v. GGNSC Springfield, LLC, et al. Issue: Does a health care power of attorney authorize an agent to execute an optional arbitration agreement? Facts: Mother executed a health care power of attorney that named her Son as her attorney-in-fact. When Mother was admitted to Nursing Home,...
Motion for New Trial in FELA Case
Issue: Did the trial court give erroneous instruction in a FELA case? If so, what is the proper remedy when the jury’s verdict changed following additional post-verdict instructions? Facts: Employee sued Employer under the Federal Employers’ Liability Act (FELA), alleging that Employer’s negligence caused him health problems. The jury returned an $8.6 million...
Criminal Jury Selection
Case: State of Tennessee v. Dominc Eric Frausto Issue: Did the trial court’s deviation from the jury selection procedure in Rule 24(d) create reversible error? Facts: Jury selection began with the trial court’s selection of 18 prospective jurors. After questioning, each side used peremptory challenges, and 7 prospective jurors were...
Comparative Fault in Claims Commission Cases
Case: Richard Moreno v. City of Clarksville Issue: When a plaintiff timely files a claim against the State, and the State alleges fault by another government entity after the statute of limitations has run, may the plaintiff sue the additional entity? Facts: Plaintiff filed a timely claim against the State...
Arbitration Agreement Enforceability
Case: Richard A. Berent v. CMH Homes, Inc. et al. Issue: May an arbitration agreement be enforced that restricts all claims from a buyer to arbitration, but allows the seller to pursue judicial remedies? Facts: Buyer bought a mobile home from Seller and entered into a retail installment contract, which...
Safety on the Fourth of July
It’s that time of the year again! Time to hit the lake, fire up the barbeque, and break out the fireworks. Freedom is in the air and the 4th of July festivities are right around the corner. And for those of us fortunate enough to live in Middle Tennessee, we...
David Weissman Recognized for Achievements in Law
Recently, David Weissman traveled to Asheville, North Carolina, where he was a guest speaker at the Tennessee Association for Justice state wide convention. David attended this annual meeting of Tennessee’s trial lawyers at the request of the association’s Executive Director Suzanne Keith. Based on David’s experience, background and trial record...
Termination of Parental Rights
Case: In Re Kaliyah S., et al. Issue: Must a court find “aggravated circumstances” exist before DCS is excused from making reasonable efforts at reunification? Facts: DCS petitioned to terminate the parental rights of Father based on abandonment by wanton disregard. The trial court granted the petition, and concluded that...
Insurance Benefit Assignment
Case: Action Chiropractic Clinic, LLC v. Prentice Delon Hyler, et al Issue: Can an injured victim bind a tortfeasor’s insurance provider to reimburse a medical provider for the victim’s treatment? Facts: Victim was injured by Tortfeasor in a car accident and sought treatment from Chiropractor, who required Victim to sign an...
Due Process Concerns for Kidnapping Convictions
Case: State of Tennessee v. Larry Jereller Alston, et al Issue: When does due process forbid convictions for kidnapping and other felonies occurring during the same criminal episode? Facts: Defendants robbed the victim of her purse, forced her into her house, and took additional property from her and her house....
Lawyer for the Condemned: I Witnessed What Should be the Last Electric Chair Execution
Tennessee brings back the electric chair! I could not believe that my state would return to what I consider a barbaric practice. I am not opposed to the death penalty in all cases. However, having actually seen Tennessee’s last electrocution on September, 12 2007, I think we should not reintroduce...
What is Tennessee’s Domestic Violence “Cooling Off” Period?
The local news in Nashville has been abuzz regarding a case in which Judge Casey Moreland signed off on the early release of David Chase, who allegedly assaulted his girlfriend a second time shortly after getting out of jail from the prior arrest. So what is the twelve-hour “cooling off” period...
7 Tips to Avoid Getting Arrested at Bonnaroo
With good weather come fun outdoor events and festivals in Middle Tennessee, including the CMA Fest, the Fourth of July, and of course, Bonnaroo. Although these events are really enjoyable, the fun can come to an end quickly if you get arrested. During these festivals, many people get arrested for...
Festival Safety: How to Stay Safe During CMA Fest & Bonnaroo
June is an exciting time in Nashville and Middle Tennessee. As the weather heats up, so does the concert and festival lineup – most notably with CMA Fest and Bonnaroo. The population of Tennessee increases significantly in those two weeks as fans come in from all over the world to...
What is the Process for Filing a Personal Injury Lawsuit?
If you’ve ever been injured in an accident, you may have played out a scenario like this in your head: You know the accident that caused your injury wasn’t your fault. In fact, you’re quite certain someone else is at fault. You want to be a forgiving person and never...
Motorcycle Safety: 5 Tips to Prevent an Accident
As summer approaches, Tennesseans are eager to venture outdoors to experience their favorite lake or nearest concert or festival. To reach these outdoor venues, many will drive cars, but some of us will choose a more free-spirited means of travel, the chrome horse of the highway. Motorcycles are a summer...
Top Reasons I Turn Down Personal Injury Cases
People often ask me if I ever turn down cases. Although I do turn down personal injury cases on occasion, you might be surprised at the reason. Most lawyers seem to only want to take the “most severe” cases. In other words, they only take the cases with the largest...
Kidnapping Jury Instruction
Case: State of Tennessee v. Jerome Maurice Teats and State of Tennessee v. Ricco R. Williams Issue: Is a Defendant denied due process when he is convicted of kidnapping one victim and an accompanying felony of a second victim? Facts: In these two similar but not consolidated cases, the Defendants...
Judicial Diversion
Case: State of Tennessee v. Shanice L. Dycus Issue: Is a defendant eligible for judicial diversion for a “school zone” enhanced drug offense? Facts: Defendant was convicted of a drug-related offense committed within 1,000 feet of a school zone, thereby triggering the “school zone” enhancement provided in T.C.A. § 39-17-432....
Informed Consent Causation
Case: Ike J. White, III v. David A. Beeks, M.D. Issue: Did the trial court properly limit a medical expert’s testimony at trial regarding the informed consent information, required by the standard of care, to disclosure of only those risks that actually resulted in injury? Facts: Patient was allegedly injured...
Your Social Security Disability Claim Was Denied – Now What?
You’ve been a hard-working, tax-paying citizen for years, but now have an injury or condition that prevents you from working. So, you’ve applied for Social Security Disability, the federal government program that pays benefits to people who are unable to work due to an injury or medical condition. After filling...
Do You Qualify for Social Security Disability?
If you’ve been working for a while, you’ve surely noticed the part of your paycheck is deducted for Social Security. That tax goes to the Social Security Administration (SSA), which runs a federal government program that pays benefits to people who are unable to work due to a disability. Although...
FAQ: Restoration of Firearm Rights in Tennessee
Many people have questions about whether their firearm rights can be restored after a felony conviction. Unfortunately, Tennessee law makes it very difficult to regain firearm rights. A person convicted of a crime in Tennessee must obtain a pardon from the governor and fulfill other criteria. A person convicted in...
Denial of Medical Care for Religious Reasons
Case: State of Tennessee v. Jacqueline Crank Issue: Must a child neglect conviction be vacated because of the Preservation of Religious Freedom Act or the Spiritual Treatment Exemption Act? Facts: Defendant was convicted of child neglect for rejecting advice to medically treat her daughter’s tumor, relying instead on spiritual prayer. ...
6 Tips to Prevent Employee Theft at Your Company
Employee theft is rarely something companies think about until it’s too late. However, taking the appropriate preventative measures to prevent embezzlement is far easier than the significant cleanup work required when victimized by employee theft. How to Prevent Employee Theft What are the steps that you can take to minimize...
Reporting Fraud: 3 Protections for Whistleblowers
The simple answer: expose it. Yet, the reality is that reporting fraud can be scary. You might fear losing your job or suffering harassment at work. Having filed numerous claims on behalf of whistleblowers, I can attest that coming forward is one of the most difficult decisions a person will...
Civil Prosecution after an Accident with a Pedestrian or Cyclist
] In our last blog post, we discussed our excitement of the upcoming Spring season and how pedestrians, cyclists and motorists can safely coexist when enjoying the weather and roadways. Unfortunately, as many tips as we provide, sometimes accidents still happen. And if they do, you should know your legal...
Rules of the Road: Safety Tips for Runners and Bikers
After the long winter we’ve had, I’m sure many Tennesseans are itching to get outside and lace up their running shoes, dust off their bicycles, or let the convertible top down to soak up some sunshine. That’s why this Spring will be an especially busy time for bikers, pedestrians and...
Suspect Fraud at Your Company? You Could be a Whistleblower
As an employee, you would never expect that your employer is participating in fraudulent activities. However, if you work for a company that submits bills to government programs, such as Medicare, Medicaid, or Tri-Care, there is a real possibility you may be placed in this position. According to government audits,...
What Does It Mean To Hire David Weissman?
Hiring Nashville Attorney David Weissman When you hire David Weissman, you are hiring an attorney that cares about you as a person, not just as a case. You are hiring an attorney that has the experience and skill needed to win, and an attorney who is not afraid to fight...
Use Low T Drugs? You May Have Grounds for a Lawsuit
For middle-aged men out there working a full-time job, paying for a child’s college education, saving for retirement and still making it to the golf course for a few rounds on the weekend, life can be pretty tiring. Add that to changes in home values, job insecurity and age-related physical...
Retaliatory Discharge for Whistleblowing
Case: Charles Haynes v. Formac Stables, Inc. Issue: Does a plaintiff state a cause of action for whistleblower retaliatory discharge where he or she only reported the illegal activity to the owner of the company, who was the one engaging in the allegedly illegal activity? Facts: Employee filed retaliatory discharge...
Expert Contiguous State Requirement
Case: C.L. Gilbert, Jr. v. Izak Frederick Wessels, M.D. Issue: Did the trial court err in declining to waive the contiguous state requirement for a testifying expert witness? Facts: Defendant’s attorney spent 35 hours attempting to locate a medical expert in Tennessee or a contiguous state before settling on a...
Car Accidents on Icy Roads: Who is At Fault?
March 3, 2014 is a day that will likely be remembered for quite some time in Nashville, and the rest of Tennessee for that matter. After a particularly cold winter, and with hopes of a warm Spring on the horizon, Nashville got hit once again by an Arctic Blast. In...
7 Important Steps to Handle Employee Theft
Your trusted bookkeeper of 20 years has been robbing you blind. Not with a pistol but with a pencil. She has been paying herself an extra paycheck every few weeks. He has been diverting funds to fictitious vendors – on paper at least – to cover his tracks. What do you...
What is the Financial Compensation for Whistleblower Cases?
If your employer is submitting false bills to the government, your company is participating in fraudulent activity. This is commonly seen in the healthcare sector when clinics, doctors and hospitals submit bills to Medicare or Medicaid. For example, a medical office might double bill for the same service or charge...
Attempted Offenses
Case: State of Tennessee v. Jeremy Wendell Thorpe Issues: Was attempted sexual battery a lesser included offense of sexual battery under the facts? Does evidence of a completed offense render insufficient the evidence for an attempt conviction? Facts: The Defendant was charged with illegally kissing and touching the victim. At...
Understanding Tennessee Hit and Run Laws
If you get into a traffic accident, your insurance company isn’t the only one who needs to know. Under Tennessee “hit and run” law, you may be required to take several different steps to notify the government and/or the other driver about the accident. Some of these requirements apply immediately,...
Should You Go to Trial if You Get a Bad Settlement Offer?
There are many factors that go into the evaluation of a personal injury claim. As I have discussed previously, establishing the dollar value of your personal injury case is very complicated and should involve the assistance of an experienced personal injury attorney. However, establishing the fair value of the case...
What is My Personal Injury Case Worth?
When people find out that I am a plaintiff’s personal injury attorney, the first question they usually ask me is the same – what is my case worth? Given how common the question is, I thought it would be a good idea to take a little time and give some...
Criminal Mistrial
Case: State of Tennessee v. Lamar Parrish Carter Issue: Did defense counsel’s question about potential sentence create manifest necessity for mistrial? Facts: Defendant and two co-defendants were charged with several drug offenses. During cross-examination of co-defendant, defense counsel asked the potential sentence that the co-defendant/witness faced for a charge. The...
Retaliatory Discharge – Whistleblower
Case: Larry D. Williams v. City of Burns, Tennessee Issue: Can a whistleblower sue for retaliatory discharge after being fired for disloyalty? Facts: A terminated police officer filed for retaliatory discharge, alleging he was terminated for reporting illegal activities. The trial court held that the evidence did not establish that...
General Sessions Appeal Bonds
Case: Wilma Griffin v. Campbell Clinic, P.A. Issue: Does a cash bond pursuant to T.C.A. § 8-21-401 satisfy the obligation to “give bond with good security” under § 27-5-103? Facts: The Circuit Court dismissed this appeal from General Sessions Court based on the Appellant’s failure to file a surety bond....
Ben Raybin Appointed to Tenn. Supreme Court Case
Ben Raybin has been appointed to represent a pro se client before the Tennessee Supreme Court. As reported by the Raybin-Perky Supreme Court Hotlist, the Court recently granted review in the case of State v. Sprunger, which involves forfeiture of real property. In the case, Mr. Sprunger had been convicted...
Real Estate Contract Dispute
Case: Brenda Benz-Elliott v. Barrett Enterprises, L.P. et al Issue: Should case be governed by statute of limitations for injury to property, or breach of contract? Facts: Seller and Buyer were longtime friends who entered into a real estate sale in 2004. The contract provided that the Seller had to...
Premises Liability – Independent Contractor
Case: Greg Parker, et al. v. Holiday Hospitality Franchising, Inc., et al. Issue: Can a Hotel be liable for injuries caused by a defective shower bench installed by an independent contractor? Facts: Customer alleged that a shower bench in a Hotel collapsed, causing him to fall and sustain injuries. Hotel...
Lesser Included Offense Instruction
Case: Calvin Eugene Bryant v. State of Tennessee Issue: Was trial counsel ineffective for failing to request a jury instruction for the lesser included offense of facilitation? Facts: Defendant was charged with several felony drug offenses. His defense was, in part, that a third party brought the drugs and he...
Forfeiture of Property
Case: State of Tennessee v. Charles D. Sprunger Issue: Can the State seize the real property of a defendant convicted of downloading child pornography where the only nexus between the unlawful behavior and the dwelling was that the computer was located in the dwelling? Facts: Defendant was convicted for downloading...
Child Custody
Case: Terri Ann Kelly v. Willard Reed Kelly Issue: Was wife properly awarded custody of son? Facts: The trial court awarded Wife custody of the parties’ two minor children following the termination of an eighteen year marriage. Appellate Decision: The intermediate court reversed, in pertinent part, the award of custody...
Happy Holidays from Our Family to Yours
As the year starts to wind down, we wanted to take this time to wish you – our family, friends and clients – a Merry Christmas and a Happy New Year. We also wanted to take a minute to reflect on what has been an exciting and rewarding year for...
4 Tips to Avoid a Holiday DUI
‘Tis the season for holiday parties. However, there are not many things that put more of a damper on the holiday season than getting arrested for DUI. It is important that we remind ourselves to plan ahead before attending events where alcohol will be served. That way, you can still...
Ashley F. Galmish Joins Our Legal Team
We are pleased to announce that one of our very own, Ashley F. Galmish, has become admitted to practice law in the State of Tennessee. On November 5, 2013, I had the honor of presenting Ashley to the Justices of the Tennessee Supreme Court. In front of a packed house,...
Three Partners Selected as Tennessee Super Lawyers
We are pleased and honored to announce that all three of our firm’s partners – John Hollins Jr., David Raybin and David Weissman – have each been selected as Tennessee Super Lawyers in the fields of Personal Injury, Criminal Defense, Social Security Disability and Family Law. Super Lawyers is a...
Vince Wyatt Announces Candidacy for General Sessions Court Judge
We are pleased to announce that one of own, Vince Wyatt, is running for judge in Davidson County. A longtime attorney with Raybin & Weissman, Vince has decided to seek election General Sessions Court Judge Division 4. After thirteen years of serving the public both in civil and criminal matters,...
Tennessee Human Rights Act
Case: Larry Sneed v. The City of Red Bank Issue: Does the Tennessee Governmental Tort Liability Act apply to claims brought against a municipality pursuant to the Tennessee Human Rights Act? Facts: Larry Sneed was discharged as Chief of Police for Red Bank and filed suit against several city officials...
Pre-Suit Notice in Re-Filed Health Care Liability Suit
Case: Samuel E. Foster et al v. Walter William Chiles, III et al Issues: Does a Plaintiff need to resend pre-suit notice after re-filing a non-suited health care liability action? Does failure to attach pre-suit notice to a complaint mandate dismissal? Facts: Plaintiffs timely filed a health care liability suit...
Jury Instruction Regarding Notice and Foreseeability
Case: Andrew Spencer v. Norfolk Southern Railway Company Issue: Did the jury instructions improperly limit notice and foreseeability of a dangerous condition to the day of the accident in a FELA case? Facts: Employee sued Employer railroad for negligence under the Federal Employers’ Liability Act. After a jury trial, the...
Inconsistent/Mutually Exclusive Verdicts
Case: State of Tennessee v. Marlo Davis Issue: What happens when a defendant is convicted of an intentional and a reckless offense for the same act? Facts: Defendant was convicted of reckless homicide on a premeditated murder count, and second degree murder on a felony murder count, all for the...
Lesser Included Offenses – Waiver
Case: State of Tennessee v. Broderick Devonte Fayne Issues: Is possession of a firearm a lesser included offense to employing a firearm? Should the judge have instructed this lesser offense notwithstanding a lack of a special request? Facts: The Defendant was convicted of employing a firearm in the commission of...
Ineffective Assistance of Counsel Standard
Case: Edward Thomas Kendrick, III v. State of Tennessee Issues: Was trial counsel ineffective in failing to obtain expert testimony and adducing a statement from an officer? Under what standard are Ineffective Assistance claims reviewed? Facts: Defendant was convicted of first degree murder. On post-conviction, he filed a petition alleging...
New Medical Malpractice Law Cheats Family from Justice
In a case decided recently by the Tennessee Court of Appeals, the family of a suicidal patient who killed himself at a crisis center was robbed of their day in court because of a technical defect, thanks to new laws making it harder to bring medical malpractice suits (now known...
Regulatory Taking and Inverse Condemnation
Case: Mack Phillips, Et Al. v. Montgomery County, Tennessee, Et Al. Facts: Property owners submitted a subdivision plan for approval. The planning commission denied the plan because the property lies in the path of a planned highway extension. The property owners alleged the denial constitutes a regulatory taking in violation...
Don’t Text and Drive – An Open Letter to Nashville Drivers
An open letter to Nashville Drivers from a lawyer, a driver and parent of two teenage girls._ Dear fellow drivers, We have a problem in Tennessee that is maiming and killing our citizens, and it is a problem we have chosen to create. As you might guess, that issue is...
Uninsured Motorist Coverage
Case: Dennis Michael Harris, et ux v. Mickey Deanne Haynes, et al. Facts: An Employee of Anderson County was injured at work and raised a claim against the County’s liability coverage provider, Tennessee Risk Management Trust (“TRMT”) for uninsured motorist coverage. TRMT filed for summary judgment on the theory that...
5 Important Things To Do If Injured in a Car Accident
There are certain things in life that only happen to the other guy. That is, until they happen to you. Getting injured in a car accident is one of those things. Although getting in a car crash is not an everyday occurrence, it is far more common than you might...
Retaliation in Employment
Case: Jim Ferguson v. Middle Tennessee State University Facts: Employee filed a lawsuit against his Employer for employment discrimination. In a second lawsuit, Employee sued Employer for retaliation asserting that he suffered adverse job actions after filing his first lawsuit including being required by his supervisor to perform tasks contrary...
Lost DUI Arrest Video May Lead to Charges Being Dropped
Last month, the Tennessee Supreme Court ruled in State v. Merriman that it would be fundamentally unfair for a person charged with DUI to stand trial when the police lost the video recording of that person’s DUI traffic stop. The court based its ruling on the application of State v....
Ineffective Assistance – Interviewing Witnesses
Case: Quantel Taylor v. State of Tennessee Facts: The Defendant pled guilty to several serious charges. On post-conviction, he alleged that his trial attorney was ineffective for failing to interview several witnesses. The post-conviction court granted the State’s motion to quash subpoenas for his co-defendants to testify, despite the absence...
Ineffective Assistance – Failure to Appeal
Case: Guadalupe Arroyo v. State of Tennessee Facts: After two successful sentencing appeals resulted in a third sentence, the Defendant’s attorney did not file an appeal of that sentence. On post-conviction, the attorney stated that he recalled advising Defendant that a third appeal would be futile and that Defendant “pretty...
Ben Raybin Discusses Development in Vanderbilt Football Rape Case
Viewers of WSMV-Channel 4 may have seen me interviewed on the evening news last Friday discussing the Vanderbilt Football rape case. The breaking development was that Vandy receiver Chris Boyd pled guilty to attempting to be an “accessory after the fact” in light of evidence that he had helped carry...
Wrongful Death Cases: Getting Records and Filing a Lawsuit
The Tennessean_recently reported on a tragic story about a 17-year-old boy who died in the custody of the Department of Children’s Services (DCS) while in juvenile detention. His family tried for months to get his medical records with little or no success because he had turned 18 while in DCS...
Could Ex-Titan Keith Bulluck Sue for Malicious Prosecution?
Former Tennessee Titans linebacker Keith Bulluck was arrested recently for felony robbery after an altercation with a taxi driver. As reported in the media, the taxi driver has a history of filing false reports and allegedly lying about being robbed. If the taxi driver lied about this incident, could Bulluck sue...
Texting While Driving in Tennessee Could Get You in Trouble
In today’s world, texting has replaced talking on the phone, especially among young people. However, this trend becomes extremely dangerous when it happens behind the steering wheel. Texting while driving seems completely harmless until the distraction causes a car accident. Studies have shown that texting while driving is even more...
Successor Judge as Thirteenth Juror
Case:State of Tennessee v. Justin Ellis Facts: Defendant was convicted in a trial presided over by Judge Baumgartner, who later resigned due to misconduct. A successor judge considered and denied Defendant’s motion for a new trial, concluding that he was able to fulfill his role as “thirteenth juror” despite not...
Multiple Criminal Counts During One Transaction
Case: State of Tennessee v. Barry H. Hogg Facts: Defendant engaged in several discrete sexual acts with Victim, a minor, over a period of less than an hour, during which Defendant created eleven video recordings with his camera lasting between two seconds and four minutes. Defendant was convicted of multiple...
Medical Malpractice Notice Requirement
Case:Richard Thurmond v. Mid-Cumberland Infectious Disease Consultants, PLC et al. Facts: The Plaintiff in a medical malpractice case filed the required sixty-day notice but failed to include a copy with the complaint, as required by T.C.A. 29-26-121. The complaint erroneously indicated that a “disc containing the documentation” was attached. Plaintiff’s...
Ineffective Assistance of Counsel
Case:Clarence Nesbit v. State of Tennessee Facts: Defendant was convicted of first degree murder and sentenced to death. On post-conviction review, Defendant alleged multiple grounds of ineffective assistance of counsel relating to a failure to obtain a mental evaluation, failure to convey a plea offer, failure to interview witnesses, failure...
Hospital Liens
Case:Diane West v. Shelby County Healthcare Corp. Facts: Patient received care from Hospital after being injured in a car accident, and Hospital perfected a hospital lien on Patient’s bill. Insurance Company paid a portion of the medical costs in settlement of Patient’s hospital bill. Patient filed a lawsuit against the...
Appellate Review of Judicial Diversion Denial
Case:State of Tennessee v. Kiara Tashawn King Facts: Defendant pled guilty to various crimes and was sentenced to five years of probation without judicial diversion. Appellate Decision: Despite “scant” evidence on the matter, the court upheld the denial of judicial diversion under a standard of considering whether “any substantial record...
Can Legal Cell Phone Use be Grounds for a Car Accident Lawsuit?
Although texting while driving is illegal in Tennessee, talking on a cell phone is not. However, cell phone usage can lead to distracted driving, car accidents and even fatalities. TN Leads in Fatal Crashes Involving Cell Phones According to a recent study by the National Safety Council, Tennessee had the...
5 Key Features of Our New Law Firm Website
Today, we are excited to launch the new law firm website for Raybin & Weissman. We’re particularly proud of this website because it offers a number of features that we believe will be valuable to the Nashville legal community, clients and people looking to hire an attorney. Here are some...
Are DUI Checkpoints Legal?
A citizen’s YouTube video encounter with the police at a sobriety checkpoint has engendered enormous interest. And a lot of legal questions. Nancy Amons for Channel 4 News asked me to comment on this. My interview has prompted other print and television media to request a more detailed exposition of...
Business Liability to Customers
Case: Jolyn Cullum, et al v. Jan McCool, et al Issue: Is a business liable to a customer injured by a third party when the business expels the third party from its store for being inebriated but does not undertake safety measures to protect customers from the third party? Facts: Ms. McCool...
Surrogacy Agreement
Case: In Re Baby Facts: The “Intended Parents” entered into a surrogacy agreement with “Surrogate.” Before the child’s birth, a juvenile court entered a final order declaring parentage and ratifying the surrogacy agreement. Shortly after the child’s birth, Surrogate filed motions to effectively assume parentage herself. The juvenile court denied the...
Proximate Cause
Case: Kenneth E. King v. Anderson County, Tennessee Facts: _ _After Inmate was erroneously left in jail following a court order for his release, Inmate was injured by his cellmate. The trial court found the county 55% at fault and the Inmate 45% at fault for provoking the assault. Appellate Decision: The COA...
Prosecutorial Misconduct: Closing Argument
Case: State of Tennessee v. Noura Jackson Facts: _ _The opening sentence of the prosecutor’s closing argument was: “Just tell us where you were. That’s all we’re asking, Noura.” The Defendant objected to the apparent improper reference to the Defendant’s post-arrest silence. The prosecutor told the court that she was referencing...
Knowing and Voluntary Plea Agreement
Case: Juan Alberto Blanco Garcia v. State of Tennessee Facts: Petitioner, an undocumented immigrant, pled guilty to two charges and subsequently faced removal proceedings. He alleged in post-conviction that his lawyer was ineffective in failing to advise him on his removability, and that his plea was not knowing and voluntary...
Burglary When Defendant Obtains Consent to Enter with Deception
Case: State of Tennessee v. Marcus Pope Facts: _ _The Victim sold candy and snacks out of his residence. He normally conducted business from a window but allowed Defendant and an accomplice inside because he trusted him and it was hot outside. Upon entering, Defendant and the accomplice attacked and robbed...
DUI Probable Cause
Case: State of Tennessee v. David Dwayne Bell Facts: Defendant was stopped for driving in the wrong direction. He admitted to consuming some alcohol, and the arresting officer testified that Defendant smelled of alcohol and failed some (but not all) of the six field sobriety tests administered. At the suppression...
Federal Appeals Court Overturns Ruling for Shackled Pregnant Inmate in Villegas Case
Today, the Sixth Circuit Court of Appeals overruled an award of $200,000 to a pregnant inmate who was shackled immediately before and after giving birth. Villegas v. Metro. Gov’t of Nashville, -F.3d-, No. 11-6031 (6th Cir. March 4, 2013). The appeals court simply decided that the case should have been...
Summary Judgment on Statutory Interpretation in Declaratory Action
Case: Pickard, et al. v. Tenn. Dept. of Environment and Conservation, et al. Facts: The Tennessee Department of Environment and Conservation (“TDEC”) issued a draft permit allowing a proposed rock quarry to discharge storm water and wastewater into nearby creek. TDEC ultimately issued a final permit to the quarry and...
Voluntary Dismissal – “Two Dismissal Rule”
Case: Jeffrey R. Cooper v. Phillip Glasser, et al. Facts: Plaintiff filed a claim against Defendants in California state court alleging, among other things, breach of contract and fraud. Plaintiff voluntarily dismissed that action without prejudice. Plaintiff later sued the same Defendants in the United States District Court for the...
Life Insurance Disbursement
Case: Erik Hood v. Casey Jenkins, et al. Facts: Father died after naming Son as the beneficiary of his life insurance policy. After receiving a claim from Son and realizing he was still a minor, Insurance Company requested proof of guardianship. Sister obtained an order of guardianship, but Company responded...
Consecutive Sentencing
Case: State of Tennessee v. James Allen Pollard Facts: Defendant was convicted of first degree murder, felony murder, and especially aggravated robbery, and received life in prison and eighteen years. The court ordered these sentences to be served consecutively upon making an affirmative finding in the following sentencing factor: “The...
Confessions – Civilian as a State Agent
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 that the trial court should have suppressed the statements he...
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 an accomplice whose testimony must be corroborated by other evidence. ...
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 real estate agent,” which requires that the individual: (A) is...
Should you take the breath test if you are stopped for drunk driving?
This holiday there will be a lot of people on the road. Some may be drinking. This holiday there will be a lot of law enforcement officers on the road. They will be looking to arrest folks who are under the influence. With certain exceptions most people under suspicion of...
Are Your Office E-Mails to Your Spouse Protected by the Marital Privilege?
Can the police subpoena your emails to your spouse? Can your emails be subject to a subpoena? _ Marital Privilege Doctrine _ Are your emails to your spouse protected when written on a work computer? According to one very recent federal court ruling, not necessarily so. United States v Hamilton, -F.3d-,...
Setting off Fireworks in Nashville Could Lead to Criminal Charges
According to multiple local media sources this week, due to dry conditions in the area the Metro Nashville Police Department will have a zero tolerance for those that set off fireworks in Nashville this 4th of July week. Nashville Police have indicated that those caught shooting off fireworks will be...
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. The issue was broached in 2010 during the dissolution of...
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 the clothing worn was provided. Six different officers responded to...
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 our relationship with our clients since they are central to...
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 convictions can be removed from the public record. . This...
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 sold in specialty stores. These bath salts are synthetic forms...
Tennessee Among Roughly 20 States to Adopt “Stand Your Ground” Self-Defense Law
In the wake of the shooting of an unarmed black teenager in Sanford, Florida last month, the “Stand Your Ground” self-defense law has become a focal point of public debate. The law, which states that people who encounter confrontations outside their homes are not required to retreat and can use...
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 South colliding head on with Leonard. Benson is represented by...
How to get a Tennessee Restricted License After Getting A DUI In Another State
This question about getting a Tennessee restricted license arises quite frequently as college students that are from Tennessee will get convicted of DUI while they are away at college. It also happens to Tennessee business travelers who encounter drinking and driving charges in other jurisdictions. Tennessee law answers this question...
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 with legitimate pain, but as more people are prescribed powerful...
Evading Arrest with Risk of Death or Serious Bodily Injury Requires Bystanders or other Vehicles
Under Tennessee Law, it is a Class D Felony punishable by imprisonment of 2-12 years for evading arrest when such actions create a risk of death or injury to innocent bystanders or third parties. A recent Tennessee case, State v. Winters, requires the prosecution to prove this risk. In such...
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 movements of those suspected of criminal activity. The case that...
Federal Lawsuit Filed in Response to Humphreys County Police Beating
Darren T. Ring, a 35-year-old resident of the City of Waverly, has had a federal civil rights lawsuit filed on his behalf in response to an alleged instance of police brutality, which I reported on in the July 2011 article “Police Beating Caught on Tape.” Ring is represented by attorney...
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 such laws is clear, but as with any good law...
Plaintiffs That Have Potential Medicare Claims Against Them Can Look Online
When representing a client that received medicare benefits while hospitalized for an injury that was caused by another person, it is always very important before reaching a financial settlement on behalf of such client to know what claims that Medicare may assert down the road. At https://mymedicare.gov once a client...
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 criminal attorney should be asking is, why did you get...
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) Fact: The State brought action against a foreign tobacco product manufacturer that allegedly failed...
The Person Knocking at your Door May Be Looking to Arrest You
They will generally knock and say “property management” or “U.S Mail” “, but when you open the door you may find that it is really 2 or 3 police officers trying to talk their way into your living room. A routine practice of law enforcement in Nashville, Tennessee this practice...
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 medical staff. The most common constitutional amendment implicated by inmates...
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 a collapsible baton in their travel bags or hurriedly packs...
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 that are making their way into the hands of anyone...
Electronic Medical Records Seeing An Increase In Use, As Well As In Malpractice Lawsuit Risks
Due to a recent concern, healthcare organizations have begun a new series of research and inquiries driven by the legal liability fears attached to electronic health records (EHRs). An EHR carries the possibility of being admissible in court due to its legal representation nature by storing the medical condition and...
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 with incriminating details about a person’s driving behavior seconds before...
The Legal Ramifications of Computer Metadata
Today, technology is essential to 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 to provide the documents and data set out in the discovery demand....
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 the abusive and occasionally life threatening situations in which partners...
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 drug free school zone. Years ago, Tennessee enacted the Drug...
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 David Scott Blackwell, a Franklin man who received a felony...
Tennessee Mother Charged With First-Degree Murder Of Newborn Twins
In a General Sessions courtroom in Sumner County this week, Lindsey Lowe, age 25, confessed to killing her two newborn sons just moments after they were born last Monday night. Lowe told investigators she delivered the twins in the bathroom of her parent’s house and in an attempt to hide...
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 a form used by organizations/individuals as a means of protecting...
Tennessee Supreme Court Proposes “Bidding” System For Indigent Legal Services
Anyone who watches police or detective television shows is familiar with a person’s Miranda rights. “You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, if you cannot afford one, one...
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 specified to include satellite television, mail, gas, water, telephone, and...
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 role of the SSN in the U.S. has developed into...
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 trial court had concluded that the officer’s search under 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 to be a viable option when the debt becomes too...
Hire a Lawyer now rather than later for an Underage Alcohol Possession Charge
The Tennessee Court of Criminal Appeals on July 18, 2011 issued an opinion on an underage alcohol consumption case granting some relief to an individual that had been convicted of underage alcohol consumption that would have otherwise carried a permanent criminal conviction/record. In State v. Benjamin Wheeler Word, the defendant...
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 profile of the writer. The use graphology is estimated...
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 v. Benjamin Word, the court found that a charging instrument...
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 cases of assault, vandalism, or other damages to property. The...
“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 Anthony did not report her daughter missing for over a...
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. Such rules are in place to safeguard an individual’s rights...
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 law enforcement officials during a response to a shot fired...
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. A challenge for cause is a request by an attorney...
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 to the case. Caylee’s body was found in December 2008...
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 most difficult and confusing aspect of being injured or involved...
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 the southern edge of town for an estimated $320,000. It...
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 get behind the wheel of a car if they aren’t...
Improper Background Checks and Inaccurate Information Grounds For Lawsuit
Reports have been coming in of improper background checks being conducted by various companies. Not only have the background checks produced false information but have also been conducted in unacceptable ways, such as failing to give employees sufficient notice of adverse action taken because of such checks and generating hurdles,...
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 or displays an image in a manner in which there...
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 the processing of a search warrant. The change in the...
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 the warrantless search of an apartment in Kentucky after police...
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 convictions, but the court applied the “three strikes laws” to...
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 altered with a material that has a visible light transmittance...
Failing to use turn signal is not always enough to justify police stop
In researching a Tennessee law related to a client’s recent DUI stop, I came across the Tennessee Court of Criminal Appeals 2000 decision in State v. Gonzalez. In such case, a Franklin, Tennessee (Williamson County) police officer initiated a traffic stop of a vehicle after it failed to use its...
Some Police Tactics Cross the Line Like Pretending to be a Defendant’s Lawyer
It is not uncommon for me to hear stories from clients of police officers being less than truthful to them about potential consequences for them failing to provide Police with incriminating information or failing to assist them in prosecuting other criminal actors. Most things officers say does not surprise me...
Don’t Forget to Double Check Yourself for Weapons Before Entering Airport Security Checkpoint
When I get a call at the office from someone that is in trouble at the Nashville Airport, I almost always find that they failed to do the simple task described in the title of this article. By the time they have gotten to the airport security checkpoint they have...
What Those Involved in Civil and Criminal Cases Need to Know about Facebook and other Social Media Sites
David and Ben Raybin authored an article that was recently published in the Tennessee Bar Journal on this topic. Such article highlights the many concerns that attorneys should have about their client having a facebook, my space, twitter, etc. account. Individuals tend to post significant personal information on their social...
Once I give consent to an officer to search is there a limit?
In my last blog entry, I discussed the fact that if stopped by law enforcement an individual does not have to consent to a request to search his or her vehicle. If a person does give consent to search then an officer’s search can still be challenged if the search...
Do I have to give consent to a police officer to search my car?
One any given day in Tennessee you could find yourself pulled over for anything from the most minor of traffic violations. Upon the stop of your vehicle, you could be asked by the police officer for consent to search your vehicle. You do not have to consent to such a...
Hollins, Raybin and Weissman file Civil Rights Complaint Against Warden and Guards for death of inmate during cell extraction.
Lead counsel, David Raybin was interviewed by Nashville media in response to statements made by a Tennessee Department of Corrections’ spokesperson who said “there were no violations of policy” regarding the inmate’s cell extraction. Prison officials had previously reported that the 33 year old Toll had died of natural causes,...
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 violated the Tennessee Constitution as the Constitution requires that bail...
With New DUI Laws Those with a Prior DUI Find Getting Out of Jail Much Tougher
With the exception of those facing lethal injection, persons in jail on a DUI charge in Tennessee that have a prior conviction for DUI, Vehicular Assault, or Vehicular Homicide are finding that the new DUI laws that came into effect on January 1, 2011 make it harder for them to...
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 of an estate which was subsequently non-suited. Less than one...
David Raybin Representing Prison Inmate Believed to Have Been Killed by Prison Guards
Nashville CBS Affiliate Channel 5 recently reported on the ongoing investigation into the death of Charles Toll, a prison inmate at Nashville Tennessee’s Riverbend Maximum Security Institution. Prison officials had previously reported that the 33 year old Toll had died of natural causes, but the State Medical Examiner ruled the...
David Raybin Interviewed on Nashville NBC News WSMV Regarding Felony Bus
The Davidson County Sheriff’s Office has a new mobile booking unit aimed at getting police officers back on the street faster after an arrest. Such unit has everything required to fingerprint, take mugs shots, and holds up to 9 detainees. The unit is designed to allow officers to quickly complete...
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 21 and over law was designed to protect those under...
What distinguishes a simple assault from an aggravated assault in Tennessee?
The Difference Between Assault and Aggravated Assault The biggest difference between simple assault and aggravated assault is that simple assault and domestic assault (when a domestic relationship is involved) are both treated as misdemeanors and are punishable by 11 months and 29 days, while aggravated assault is a felony that...
Careful pleading guilty to assault charge, you may lose right to carry firearm forever
A conviction for domestic assault or even a domestic assault that has been amended to simple assault will forever prevent that person from legally possessing a firearm. See United States v. Hayes, 129 S.Ct 1079 (2009). In such case, the defendant had previously been convicted of an assault where a...
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 consecutively if it finds, by a preponderance of the evidence,...
2010 Changes to Tennessee DUI Law Part 3- Unlimited Driving with Interlock Device
The Tennessee Legislature made several changes to the Tennessee DUI law this past legislative session that went into effect for DUI violations after June 23, 2010. One of such changes amended the law to actually allow DUI offenders the ability to drive more. Under the previous law, once convicted of...
2010 Changes to Tennessee DUI law Part 1 – Look back period for past offense
The Tennessee Legislature made several changes to the DUI law this past legislative session that went into effect for DUI violations after June 23, 2010. One of such changes amended the law regarding the look back period for past offenses. The old law calculated prior offenses under the DUI law...
2010 Changes to Tennessee DUI Law Part 2 – Ignition Interlock Devices
The Tennessee Legislature made several changes to the Tennessee DUI law this past legislative session that went into effect for DUI violations after June 23, 2010. One of such changes amended the law to require first time DUI offenders to install ignition interlock devices if any of the following apply:...
Factors Courts in Tennessee Consider When Setting a Bail Amount or Bond
Under Tennessee Law, all persons charged with criminal offenses are entitled to a reasonable bail amount with the exception of those charged with murder, in which Tennessee law does not require that bail be set if the evidence is strong that the defendant commmited the offense. The factors the court...
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 counterfeit goods and is punishable by imprisonment of up to...
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 needs to know is what the bail amount is so...
The United States Supreme Court Says You Must Speak to Preserve Right to Remain Silent
The United States Supreme Court in Berghuis v. Thompkins took a significant retreat from the privileges against self incrimination long afforded to individuals subjected to custodial interrogation through the Miranda decision of the 1960s. In Thompkins, the Defendant was silent for almost 3 hours before making an inculpatory statement. During...
Previous DUI Conviction Not Admissible to Enhance Sentence
Under Tennessee law, a prior DUI conviction raises the standard minimum sentence of 48 hours in jail to 45 days in jail on a new DUI charge. Two prior convictions means a DUI defendant is facing a minimum sentence to 120 days and the minimum sentence increases with subsequent convictions....
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 even a misdemeanor conviction. Tennessee law outright prohibits an individual...
Did your Insurance agents do all they could to get you flood insurance before the Nashville flood?
LEGAL FACTS ABOUT THE NASHVILLE, TENNESSEE FLOOD OF 2010 Now that the flood waters are receding, we as Tennesseans have to start dealing with the aftermath of the greatest natural disaster to ever hit Middle Tennessee. As we assess the damage, we are encountering problems from places we never even...
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 of the Board of Probation and Parole. Parole Members preside...
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 conviction in the state of Georgia, which had restored his...
Lawyer defends Clarksville Dentist charge with Drug offense in Haiti Mission
David Raybin represents Dr. Jeannie Beauchamp, a Clarksville, Tennessee area dentist, who was recently charged for illegal possession of prescription painkillers after being stopped by Nashville Airport Police en route to Haiti to provide medical attention. The Leaf Chronicle’s Article detailing this case
Nashville Criminal Defense Lawyer comments about the New Immigration ruling.
David Raybin, notes in this Tennessean article, that the new immigration ruling by the United States Supreme Court is “the immigrant’s Miranda rule.” The Court ruled that changes to immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. Because the drastic measure of deportation or removal is...
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 bond of $10,000 or more. The courts have the authority...
Arguing with Police Officers Does Not Equal Disorderly Conduct
A Frequently Asked Question About 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 attended a rally...
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 (Williamson County) in a case that drew significant media attention....
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 that he could want an attorney if he could afford...
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 sentence credit for time served on probation, a person could...
Nashville Personal Injury Lawyer “sinks his teeth” into dental grill case
The attorneys and staff at Raybin & Weissman, PC congratulate David Raybin for his great work on behalf of an incarcerated man whose dental grill was forceably ripped out by a Sheriff’s deputy. The incident in November started with McCoy’s arrest after failing to pay child support. A sheriff’s deputy...
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 for your rights” Contact David Weissman and the law firm...
What Nashville (Davidson County Tennessee) Police Officers don’t want you to know about avoiding a DUI
Nashville Metro Davidson County police officers are patrolling each night looking for persons that may be driving under the influence of alcohol. Here are the top ways to avoid getting a DUI. Do NOT get into your vehicle if you are not immediately prepared to take a breathalyzer test. This...
Nashville Police Undercover Stings Aimed at Patronizing Prostitution Arrests
It may surprise many to know that in Davidson County, Nashville, Tennessee, that hundreds of police hours are devoted each month to undercover sting operations aimed at arresting those that may be susceptible to offers of prostitution. Many of those charged with such offenses are arrested after they initiate contact...
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 possession of drugs is issued a notice of seizure and...
The Five Things You Need to Know About a Tennessee Order of Protection
5 things you should know if someone takes out an Order of Protection against you in Davidson County (Nashville, Tennessee)? Do not have any direct contact with the person that took out the order of protection against you. Do not call them, do not email them, do not text message,...
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 statistics have argued that increasing checkpoints increases driver safety and...
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 arrested person staggered and could not do the walk-and-turn test....
Nashville car crash involving drunk driver and police officer
In Nashville, Tennessee on Thursday morning, a suspected drunken driver crashed into a police car after hitting several other cars. The police were called by a woman who said she was the victim of a hit and run. When they pulled the suspect over, he backed up and hit the...