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April 8, 2016
What happens if a due process violation occurred during a trial?

A conviction resulting from an unfair or procedurally compromised trial may not be the last word. The sexual assault mistrial involving several former Vanderbilt University football players is a recent example. The players were found guilty after standing trial in a Tennessee court. However, a post-conviction inquiry into the impartiality of the jurors determined that […]

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March 28, 2016
Can new DNA evidence be introduced after a conviction?

Although a successful outcome is always desired, a criminal defendant should keep in mind that post-conviction options may also be available. The obvious example is filing an appeal with the appropriate state or federal court. But post-conviction DNA analysis may also be available in some circumstances.  As its name suggests, post-conviction analysis of DNA evidence […]

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March 14, 2016
Is an appeal always an uphill battle?

Is preparing to file a state or federal appeal akin to being the underdog? As a law firm that has helped many clients with successful appeals, we would caution against assuming that the odds are always stacked against an appellant.  Consider the many was that errors might arise in a trial. Procedural and constitutional violations […]

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February 29, 2016
Can administrative outcomes be appealed to federal court?

Although federal appeals usually involve a lower court’s judgment, there are also administrative proceedings that can be appealed to a federal court. In a recent example involving sexual discrimination claims under Title IX against several University of Tennessee athletes, several victims are appealing the outcomes they received from the university’s administrative process.  The lawsuit, filed […]

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February 15, 2016
Are Tennessee police inviting appeals of drunk driving arrests?

Regardless of partisanship, the subject of law enforcement has come up in the 2016 presidential debates. A recent article suggests that even Tennessee authorities may need to take a second look into enforcement practices. Specifically, a recent federal lawsuit filing alleges that the Tennessee Highway Patrol is using a quota system for making arrests for […]

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February 1, 2016
Are Tennessee’s criminal prosecutors improperly aggressive?

Prosecutorial misconduct recently made a magazine’s top 10 listing of civil liberties betrayals from 2015. The article described the misconduct in racial terms, citing examples of wrongful convictions obtained by police and prosecutors allegedly working together to game the jury or right the evidence. Unfortunately, even Tennessee saw its share of tampering with the criminal […]

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