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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Delayed Criminal Appeals

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Case:  Antonio Howard v. State of Tennessee

Facts:  Petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective in failing to file a timely motion for new trial.

Appellate Decision:  The intermediate court held that trial counsel was deficient and Petitioner was presumptively prejudiced by the deficiency pursuant to Wallace v. State, 121 S.W.3d 652 (Tenn. 2003). The court remanded with instructions to grant a delayed appeal, beginning with the right to file a delayed motion for new trial.

Review Granted:  June 24, 2019

Prediction:  The State conceded the intermediate court was bound by Wallace but contended that decision was wrongly decided. Ben thinks the Supreme Court will uphold Wallace. The failure of trial counsel to file a motion for new trial is an abandonment of representation per United State v. Cronic, and simply addressed a delayed appeal is more efficient than performing a “prejudice” analysis in a post-conviction proceeding along with other issues raised.