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David Raybin’s Landmark Victory:

January 23, 2025

Redefining Justice in Music City

By Author David Raybin

Music City is no stranger to the power of lyrics, but what happens when they are used against someone in a courtroom? Attorney David Raybin recently made waves in Tennessee’s legal community by successfully appealing the conviction of William Britton, whose rap lyrics were improperly used as evidence in a second-degree murder trial. This groundbreaking decision underscores Raybin’s skill as a criminal defense attorney and sets a gold standard for cases involving artistic expression.

The Case at a Glance

In 2022, William Britton, a rapper performing under the name “Lil Will,” was convicted of second-degree murder in the death of Kendall Ostine. The conviction stemmed from a 2020 incident in Nashville, where Ostine was shot near the Andrew Jackson apartments. Britton admitted to firing the shots but maintained that he acted in self-defense after Ostine allegedly reached for his waistband.

During the trial, prosecutors introduced Britton’s rap lyrics, which included violent imagery and references to murder, arguing that they reflected his mindset and intent. Despite objections from the defense, the lyrics were admitted into evidence, contributing to Britton’s conviction and an 18-year prison sentence.

David Raybin Steps In

Enter David Raybin, one of Tennessee’s most experienced and respected criminal defense attorneys. Known for his meticulous approach and deep understanding of the law, Raybin took on Britton’s appeal and challenged using rap lyrics as evidence.

Raybin argued that the lyrics were a form of artistic expression protected under the First Amendment and that their admission into evidence unfairly prejudiced the jury. Comparing the case to hypothetical scenarios involving iconic musicians like Johnny Cash and Bob Marley, Raybin highlighted the absurdity of equating art with intent.

The Court’s Decision

As reported by The Tennessean, on January 14, 2025, the Tennessee Court of Criminal Appeals sided with Raybin, overturning Britton’s conviction and ordering a new trial. Judge Camille McMullen, who authored the opinion, noted that the rap lyrics and videos presented during the trial were “highly prejudicial” and likely influenced the jury’s decision improperly (Fiscus).

“This decision is based on cases from all over the country. It is the correct decision,” Raybin said. “This particular issue has nothing to do with the defendant; it’s about their art. They’re being punished for being rappers.”

McMullen argued against convicting people for artistic expression without solid evidence, warning that this could create a precedent affecting similar cases across the country.

Why This Case Matters

The implications of this decision extend far beyond Britton’s case. By challenging the use of artistic expression as evidence, Raybin has opened the door for a broader conversation about the intersection of art and the law.

What’s Next for Britton?

While Britton’s conviction was overturned, his legal journey is far from over. The case will return to a Davidson County courtroom for a new trial, where the focus will likely shift to the tangible evidence rather than his artistic persona. Meanwhile, the Tennessee Attorney General’s Office may appeal the decision to the state’s Supreme Court, further testing the boundaries of this precedent.

With decades of experience and a reputation for excellence, David Raybin has again demonstrated why he is one of Tennessee’s top criminal defense attorneys. His ability to navigate complex legal issues and advocate passionately resulted in justice for William Britton and advanced the legal landscape meaningfully.

Raybin said, “This decision helps move the law forward in a good way.” For those facing criminal charges, particularly in high-stakes cases, Raybin’s expertise offers a new viewpoint and hope.

If you or a loved one are facing criminal charges, contact Raybin & Weissman for a consultation. With his unparalleled experience and commitment to justice, you can trust him to provide the skilled defense you deserve.