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September 26, 2016
Even a conviction based on forensic evidence might be appealed

For many, the term “forensic evidence” conjures up an association with science, or a process that has been verified by the scientific method. Yet it would be a mistake to characterize all types of forensic evidence as 100 percent accurate. Fingerprint identification, hair or fiber analysis, and DNA samples are all examples of evidence that […]

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September 13, 2016
Criminal trial put on hold; awaiting decision from appeals court

Evidence — or that lack of access to it — can be detrimental to a criminal defense. In a local example, an appeal filed with the Tennessee Court of Criminal Appeals challenges the credibility of the witness whose testimony could make or break the case for aggravated rape against a former University of Tennessee linebacker […]

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August 31, 2016
An overzealous prosecutor’s tactics might produce an unfair trial

Although a strong work ethic is often considered a virtue, should prosecutors approach their jobs that way? As a law firm that has represented many criminal defendants, we have observed aggressive prosecutorial tactics in the courtroom. True, it is a prosecutor’s job to seek a conviction, but there is a difference between doing one’s job […]

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August 15, 2016
Could a traffic stop without probable cause support an appeal?

If you were arrested for a criminal offense, have you consulted with an attorney about the circumstances leading up to that arrest? Even seemingly impartial police tactics, such as traffic stops, may have vulnerability to a legal challenge. Specifically, a recent article questions whether traffic stops are racially biased. As background, a police officer generally […]

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August 2, 2016
Grounds for a state appeal may extend beyond the criminal trial

Can someone charged with a violent crime get a fair appeal? Procedural due process should be afforded to all criminal defendants. Yet a Tennessee woman’s predicament illustrates the challenges in bringing such an appeal. The woman was convicted of two counts of first-degree murder, relating to the deaths of her infant twins. That conviction was […]

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July 18, 2016
Opportunities for legal strategy exist even after the verdict

In the criminal justice system, a trial verdict is not necessarily the final word. Indeed, there are a variety of post-conviction proceedings that might be of benefit to a criminal defendant. As background, there are instances where a court might schedule a separate sentencing hearing instead of deciding upon a sentence immediately after the defendant […]

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ATTORNEY PATRICK MCNALLY
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