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January 15, 2019
Why would you appeal a felony conviction?

If you’ve been found guilty of a felony, you might wonder how your trial could’ve gone differently. Paying fines, providing compensation to a victim or their family, serving prison time and parole may all factor into your sentencing. But in some cases, your punishment may not be proportionate to the crime. Or, you might believe […]

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January 8, 2019
Tennessee man wins release, finally, thanks to First Step Act

You may remember the plight of Matthew Charles. Convicted for a crack offense, Charles was lucky enough to be released from prison in 2016, nearly a decade before his term was up. He had been saved — he thought — by a reduction in the federal sentencing guidelines’ mandatory sentences for crack offenses. Previously, crack […]

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December 25, 2018
The holidays could find you needing a Tennessee criminal defense

The holiday season is here, and you may be visiting friends or family here in the Nashville area. You could attend plenty of parties and holiday gatherings with those you love, which means you may travel between locations and/or to and from a hotel. During those travels, you could end up gaining the attention of […]

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December 11, 2018
Cyntoia Brown to serve 51 years before eligible for parole

In 2012, the U.S. Supreme Court ruled in Miller v. Alabama that sentencing juvenile offenders to life in prison without the possibility of parole violates the Eighth Amendment’s prohibition on cruel and unusual punishments. The court had previously ruled that the death penalty is unconstitutional when applied to juvenile defendants. “Mandatory life without parole for a juvenile […]

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November 27, 2018
Does the Constitution’s ‘excessive fines’ clause apply to states?

In 2015, Tyson Timbs pled guilty to heroin charges and sentenced to five years’ detention and probation. However, since his 2012 Land Rover was allegedly used to transport the drugs, the state of Indiana seized it as property that had been involved in crime. The vehicle was worth approximately $42,000 — four times the maximum […]

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November 14, 2018
Can you get a DUI in Tennessee without actually driving?

In Tennessee as in many states, people can be convicted of DUI not because they were actually driving, but because they were in physical control of a motor vehicle. This can potentially lead to some troubling cases. For example, suppose an intoxicated person is found asleep in their car. They may very well have been […]

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ATTORNEY PATRICK MCNALLY
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