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January 30, 2017
A criminal defendant’s silence should not create an inference

Although a court has the inherent power to instruct a jury to disregard an improper statement made by a prosecutor, can the damage in a criminal trial really be undone? Our Nashville criminal defense law firm understands the importance of seeking a mistrial or an appeal, where appropriate. In fact, we have successfully obtained a reversal of […]

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November 22, 2016
Sex crime defendants deserve procedural due process

As a former public defender, I am aware that substantial government resources may go toward investigating and prosecuting alleged sex crimes. Investigations may begin months or even years before an arrest is made. The recent arrest of a Tennessee man provides context. The accused, a 48-year-old former deputy at the Blount County sheriff’s office, has […]

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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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June 20, 2016
Can a procedural mistake form the basis of an appeal?

Regardless of the criminal charge, an accused has a right to a fair trial. This principle of the American justice system is aptly illustrated in a recent example. In a highly controversial and pending child pornography case, the defendant was able to obtain a procedural victory. Specifically, investigators from the Federal Bureau of Investigation used […]

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April 22, 2016
Does preparing an appeal involve a special set of legal skills?

Pursuing post-conviction relief or the filing of an appeal requires extensive legal preparation, as some local law students recently discovered. The third-year law students at the University of Tennessee spent nearly a year getting an immigration case ready for appeal. Their work involved preparing the record, drafting the appeal documents, and preparing for oral arguments. […]

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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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