Patrick T. McNallyAttorney at Law

Free Initial Consultation

Local 615-200-9559 Toll Free 800-785-9546

Post Conviction Archives

Judge rules case against convicted rapist was 'weak at best'

When Wilbert Jones was convicted of a 1971 abduction and rape, he was 19. He was sentenced to life in prison without the possibility of parole. Now 65, he is tasting freedom once more after a Louisiana judge ruled the case against him was weak and found that prosecutors may have withheld key defense evidence.

SCOTUS sentencing ban brings release for former juvenile lifers

Bobby H. was locked up for 28 years. He had been sentenced to life in prison without the possibility of parole for a crime he committed when he was 15 years old. Now 43, he is working to navigate a world he left when he was in eighth grade.

Supreme Court to decide on standards for resolving plain errors

A conviction can be appealed on a number of grounds. One way of looking at it is that convictions (and civil cases) can be appealed based on an error of the law or an error in the facts. In some cases, factual errors are hard to gauge, as a reasonable jury might have decided the facts either way. In others, however, a factual error is a straightforward mistake, such as a mistake in math or a wrong date. This is called "plain error."

Civil rights suit shows police, witness failures in murder case

Halfway into a 20-year sentence for murder, Jennifer Del Prete was released on bond in 2014 after a judge found she had demonstrated her "actual innocence" of the crime she was convicted of. She had been convicted of violently shaking a child in her care at a day care center. That alleged shaking caused so-called "shaken baby syndrome," neurological evidence of abuse. Unfortunately, it appears that the science behind "shaken baby syndrome" is, as the judge put it, "highly suspect."

Man caught having sex as teen now banned from living in own home

Just after he turned 17, LaShun G. was charged with second-degree sexual assault having sex with another teenager. He was tried and convicted as an adult, which means he was added to the sex offender registry in the state where he lives. He never committed another offense. He is now married and has three children.

SCOTUS rules in favor of poorly-advised immigrant who pled guilty

A South Korean immigrant will not be deported after pleading guilty to a drug crime after being badly advised by his criminal defense attorney. This is an interesting development, because it involves a guilty plea. If he had tried to get the plea itself reversed, he likely would not have succeeded. However, the U.S. Supreme Court has ruled that the negative immigration consequences can be averted in such a circumstance.

Court: Washington man's child sex charges entirely based on lies

A Washington, Sheriff's detective was so sure Clyde Spencer was sexually abusing children that she made up dozens of false quotations and attributed them to his children, according to the Ninth Circuit Court of Appeals. Those lies coerced him into entering a no-contest plea and spend nearly 20 years in prison. He deserves the $9 million in compensation a jury has already awarded him.

High court: Obviously racist jury behavior can reverse conviction

If a jury convicts someone and the court later learns that one juror's vote was based entirely on racial animus, should the conviction be overturned? Traditionally, the answer has been no. Appellate courts have long held that what happens in the jury room, for the most part, stays in the jury room.

Appellate judge urges courts to remember poverty is not a crime

In 2012, a 40-year-old homeless man named Harley was arrested for stealing quarters from a vending machine on a university campus. He had simply walked into a campus building during the daytime, unarmed and threatening no one. He used a bent coat hanger to fish out the quarters without damaging the vending machine. His take was $44 dollars.

Best lawyers peer review rated
avvo rating super-lawyers best lawyers best forms

Office Location

Patrick T. McNally, Attorney at Law
424 Church Street
# 2260
Nashville, TN 37219

Nashville Law Office Map

Local: 615-986-3377

Toll Free: 800-785-9546

Fax: 615-635-0018

Follow Us