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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Ineffective Assistance of Counsel

July 26, 2021

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:  The intermediate court affirmed the conviction, holding that […]

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Speedy Trial

July 26, 2021

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 reviewed de novo. Appellate Decision:  The intermediate […]

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Attorney Fees after Dismissal

July 26, 2021

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 granted. Homeowner then moved for attorney […]

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Probation Violations

July 26, 2021

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 put his sentence into effect. Intermediate […]

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Health Care Liability Act

July 26, 2021

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 battery. Provider moved to dismiss on […]

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