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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 confession. The trial court suppressed the […]

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 Divorce Attorney, claiming she suffered monetary damages due […]

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 1999 GMC when the accident […]

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 the bus intruding into the […]

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 attorney David Raybin sat for […]

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 doing a controlled buy or obtaining other direct […]

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 basis that paceline cycling is inherently dangerous such […]

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 fees owed” on the first contract. Architect did […]

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 opposed. Appellate Decision: The Court of Criminal Appeals ordered […]

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 in these two cases were charged with committing […]