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.

Blog

Polygraph Exam Evidence

September 26, 2018

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 […]

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Judicial Estoppel

September 26, 2018

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 […]

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George Strait’s Drummer Killed in Tractor-Trailer Truck Accident on I-40

September 20, 2018

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 […]

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Driver Seriously Injured in Rear Underride School Bus Crash

September 12, 2018

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 […]

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David Raybin Featured as Expert on News Channel 5 – Helps Nashville Understand Judge’s Decision in Waffle House Shooter Case

August 27, 2018

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 […]

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Warrantless Searches of Probationers

August 21, 2018

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 […]

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Comparative Fault

August 17, 2018

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 […]

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Contracts

August 17, 2018

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 […]

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Abatement of Conviction by Death

August 17, 2018

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 […]

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Retroactive Grading of Theft Offenses

August 17, 2018

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 […]

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