David Raybin is a partner at Raybin & Weissman and he heads up the criminal defense section of the firm. With more than 35 years of experience, David has been named the Best Criminal Lawyer in Nashville by Best Lawyers in America, and listed among the Best Criminal Lawyers in the state by Tennessee Business magazine.

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 … [Read more...]

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