Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

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Prosecutorial Misconduct Standard of Review

October 20, 2021

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. Appellate Decision:  The intermediate court held that […]

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Arrests Outside Officers’ Jurisdiction

October 20, 2021

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 the City of Columbia police officer lacked […]

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Expert Testimony Against Co-Defendant in Health Care Liability Case

October 20, 2021

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 declined to answer questions about Nurse’s […]

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Health Care Liability Act: Vicarious Liability Claims

October 20, 2021

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 additional defendants more than one year […]

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Criminal Savings Statute

October 20, 2021

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, so that the Defendant’s conduct was no […]

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