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PRACTICE AREAS:
- Criminal:
- Criminal Appeals
- Criminal Trial
- Parole Hearings
- Post-Conviction Petitions
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- Civil:
- Civil Litigation
- Civil Rights
- Embezzled Asset Recovery
- Personal Injury
- Victim's Rights & Compensation
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Certifications of Specialization are available to Tennessee lawyers in all areas of practice relating to or included in the areas of Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Elder Law and Estate Planning. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization.
PROFESSIONAL LISTING
Best Lawyers in America
Best Lawyers in Tennessee
Martindale-Hubbell (Highest Rating: AV)
FindLaw
Best 100 Lawyers in Tennessee, Business Tennessee Magazine, January 2004
ADMITTED TO PRACTICE:
LEGAL EDUCATION:
PRIOR LEGAL EXPERIENCE:
LEGAL BOARDS AND COMMISSIONS:
- Chair, Tennessee Supreme Court Advisory Commission on Tennessee Rules of Criminal Procedure, 1982 - 1988
- Member, Tennessee Sentencing Commission (Chaired Criminal Code Revision Subcommittee) 1986 - 1995
- Member, Tennessee Supreme Court Advisory Commission on Tennessee Rules of Post Conviction Procedures, 1991 - 1995
- Adjunct Member, Tennessee Supreme Court Advisory Commission on Tennessee Rules of Civil Procedure, 1996 - 2000
- Member, Tennessee Supreme Court Advisory Commission on Tennessee Rules of Practice and Procedure, 2001 - Current
- Member, Governor’s Task Force on the Use of Enhancement Factors in Criminal Sentencing, 2004 - Current
PUBLICATIONS, ARTICLES AND SELECTED BRIEFS:
- Expungement of Arrest Records Tennessee Bar Journal (February, 2008)
- State v. Gomez: Tennessee Sentencing Law Violates Sixth Amendment, Tenn. Bar Journal (December, 2007)
- Appellate Retroactivity Rules: The Pipeline Doctrine
- Consecutive Sentences Violate the Sixth Amendment (Brief)
- Civil Rights Complaint (False Arrest)
- Appellate Advocacy
- Who's there? The parameters of police 'knock and talk' tactics, 43 Tennessee Bar Association Journal 3 (March, 2007)
- Motion to Suppress Search of Dwelling
- Sentencing Memorandum ( Possession of Machine Gun)
- Change of Venue (Motion)
- Child Sex Offenses (Brief)
- Corporate Crime (Speech)
- Criminal Mental Health Issues (Speech)
- Deportation because of Criminal Conviction (Speech)
- Double Jeopardy (Brief)
- Driving under the Influence (Brief)
- Evading Arrest (Brief)
- Insanity Defense (Brief)
- Mental State Jury Instructions (Brief)
- Mistaken Identity (Brief)
- Setting Aside Guilty Plea (Brief)
- The Anticipated Resolution of the Blakely Split of Authority in the States, 18 Federal Sentencing Reporter, October, 2005
- Weapon Offense (Federal Sentencing Memo)
- The Blakely Fix, 41 Tennessee Bar Association Journal 14 (July 2005)
- What is the Impact of Blakely v. Washington on Sentencing in Tennessee? Tenn. Bar Journal , August, 2004
- Thirteen Tips For Improving Client Relations, Tenn. Bar Journal, Nov. 2002
- Stick to Your Guns: Restoration of Firearm Rights, Tenn. Bar Journal, March 2003
- Mrs. Burns’ Lesser Included Offense Pyramid, Tenn. Bar Association, Nov. 1999
- Instructing the Jury in Murder Cases, Tenn. Bar Journal, July, 2002
- Obtaining Medical Records For Mental Health Evaluations, Tenn. Bar Journal, July, 2001
- Advocacy In DUI Cases
- Battered Woman Defense
- Ethics in Criminal Cases
- State v. Flake [Insanity Law] (Defendant’s Brief) (PDF)
- Sentencing Memorandum (Manslaughter Case)
- Tennessee Sentencing Practices 1790-1999
- State v. Kimbrell [Child Sex Abuse Allegations] (Defendant’s Brief)
- Three Volume Set, Tennessee Criminal Practice and Procedure, West Publishing Company, 1984 - present (this work has been cited as authority in over one hundred appellate opinions)
- The Tennessee Sentencing Reform Act of 1982, 18 Tenn. Bar J. 36 (Aug. 1982)
- The Class X Felony Law of 1979, 14 Tenn. Bar J. 25 (Aug. 1979)
- Commentary on Tennessee Death Penalty Law, Vol. 4, No. 2 Judicial Newsletter 3 (May, 1977)
- The Proposed Criminal Code, 41 Tenn. L. Rev. 131 (1973)
- Note, The Abolition of Anonymity, 40 Tenn. L. Rev. 301 (1973)
AWARDS:
MEMBERSHIP IN LEGAL ASSOCIATIONS :
COUNSEL OF RECORD IN SIGNIFICANT APPELLATE DECISIONS:
The links to the following reported decisions will take you to files that exist in pdf. format which requires the commonly-available Adobe Acrobat Reader. If you do not have this program on your computer CLICK HERE to install it free of charge.
- State v. Geiculescu (Tenn.Crim. App. 2008) (attorney fee award for frivolous government appeal of Double Jeopardy issue)
- Hendricks vs Peace Officers Standards and Training Commission (Tenn.; Davidson County Chancery Court. 2008) (expunged guilty plea cannot be used to decertify a police officer).
- Bernard v. Metropolitan Government, 2007 WL 935722 (Tenn.App 2007) (appeal of denial of police emoluments )
- State v. Strickland, 2007 WL 1028535 (Tenn.Crim App 2007) (lack of proof of rape)
- State v. Schiefelbein, 2007 WL 465151 (Tenn.Crim.App 2007) (disqualification of judge, sentencing reduction, Blakely Sixth Amendment sentencing)
- State v. Neese, 2006 WL 3831387 (Tenn.Crim.App 2006) (confrontation of witnesses)
- State v. Guartos, 2006 WL 163633 (Tenn.Crim.App 2006) (improper identification)
- State v. Hood, 2006 WL 3455211 (Tenn.Civ.App 2006) (juvenile delinquency, double jeopardy)
- Moore v. Tennessee Board of Probation and Parole, 2005 WL 1025763 (Tenn.Civ.App 2005) (ex post facto parole hearing requirements)
- State v. Filauro , 2004 WL 840084 (Tenn.Crim.App 2004) (withdrawal of guilty plea)
- State v. Ogundiya, 2004 WL 315138 (Tenn. Crim. App. 2004) (lesser included offenses)
- State v. Sheppard, 2003 WL 21997737 (Tenn.Crim. App., Aug 22, 2003) (amendment of indictment)
- State v. Kimbrell, 2003 WL 1877094 (Tenn. Crim. App., Apr 15, 2003) (ineffective assistance of counsel)
- State v. Nevens, 2001 WL 430602 (Tenn.Crim.App., Apr 27, 2001) (mistake of fact defense)
- State v. Kelly, 1998 WL 712268 (Tenn.Crim.App., Oct 13, 1998) (vehicular homicide)
- State v. Ward, 1996 WL 38867 (Tenn.Crim.App., Feb 02, 1996) (ineffective assistance of counsel)
- State v. Flake, 88 S.W 3d 540 (Tenn. 2002) ( insanity rules)
- State v. Page , 81 S.W.3d 781 (Tenn. Crim. App. 2002) ( criminal intent)
- State v. Bowers , 77 S.W. 3d 776 (Tenn. Crim. App. 2001) (newly discovered evidence)
- State v. Ducker , 27 S.W.3d 889 (Tenn.2000) (child abuse litigation)
- State v. Burns , 6 S.W.3rd 453 (Tenn.1999) (lesser included offenses)
- Wilson v. Wilson, 984 S.W.2d 898 (Tenn. 1999) (criminal contempt procedures)
- State v. Lewis , 978 S.W.2d 558 (Tenn Crim. App. 1998) (evading arrest)
- State v. Woodcock, 922 S.W.2d 904 (Tenn. Cr. App. 1995) (proof of other crimes)
- State v. Forbes, 918 S.W. 2d 431 (Tenn. Cr. App. 1995) (jury instructions regarding multiple acts in single count)
- State v. Blouvett, 904 S.W. 2d 111 (Tenn. 1995) (multiple offender classification in sentence calculations) (Amicus)
- State v. Tizard, 897 S.W.2d 732 (Tenn. Cr. App. 1994) (proof of other crimes)
- McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. App. 1994) (mootness doctrine)
- Ezell v. Cockrell, 902 S.W.2d 394, (Tenn. 1995) (public duty doctrine for police officers) (Amicus for Fraternal Order of Police)
- Ghem, Inc. v. Mapco Petroleum, Inc., 850 S.W.2d 447, (Tenn., 1993) (petroleum price litigation) (Amicus)
- State v. Barone, 852 S.W.2d 216 (Tenn., 1993) (physical examination of witnesses; medical hearsay exception)
- Slagle v. Reynolds, 845 S.W.2d 167 (Tenn., 1992) (parole calculation) (Amicus)
- State v. Zimmerman, 823 S.W.2d 220 (Tenn. Cr. App., 1991) (battered woman defense; ineffective assistance standard)
- State v. Bilbrey, 816 S.W.2d 71 (Tenn. Cr. App., 1991) (notice of appeal)
- State v. Bryant, 805 S.W.2d 762 (Tenn. 1991) (appellate review of fines)
- State v. McMullin, 801 S.W.2d 826 (Tenn. Cr. App., 1990) ("midnight trial" case)
- State v. Perry, 740 S.W.2d 723 (Tenn. Cr. App., 1987) (jury misconduct)
- State v. Landers, 723 S.W.2d 950 (Tenn., 1987) (pre-trial diversion)
- State v. Moss, 727 S.W.2d 229 (Tenn., 1986) (sentence modification standard) (Amicus)
- Martin v. State, 584 S.W.2d 830 (Tenn. Cr. App., 1979) (marital privilege)
- Dearborne v. State, 575 S.W.2d 259, 4 A.L.R.4th 138 (Tenn., 1978) (pre-trial diversion)
- Pace v. State, 566 S.W.2d 861 (Tenn., 1978) (pre-trial diversion)
- State v. Gaddis, 530 S.W.2d 64 (Tenn., 1975) (discovery rights)
- State ex rel. Gillard v. Cook, 528 S.W.2d 545 (Tenn., 1975) (right to an attorney in parole hearing)
- Lillard v. State, 528 S.W.2d 207, 81 A.L.R.3d 1217 (Tenn. Cr. App., 1975) (multiple rape convictions)
- State v. Banks, 564 S.W.2d 947 (Tenn., 1978) (admission of photographs)
- Forbes v. State, 559 S.W.2d 318 (Tenn., 1977) (mental examination of witness)
- State v. Stacey, 556 S.W.2d 552 (Tenn. Cr. App., 1977) (competency to stand trial)
- Smith v. State, 547 S.W.2d 925 (Tenn., 1977) (reasonable doubt instruction)
- Graham v. State, 547 S.W.2d 531 (Tenn., 1977) (modification of insanity rules)
- Collins v. State, 550 S.W.2d 643 (Tenn., 1977) (death penalty)
- State v. Wert, 550 S.W.2d 1 (Tenn. Cr. App., 1977) ("open fields" doctrine)
- (Total reported and unreported appellate cases: 140)
CASES IN THE NEWS
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999 and Earlier
PRESENTATIONS TO THE FOLLOWING ORGANIZATIONS:
- American Inns of Court, 4/11/06, Internet Technology for the Legal Professional
- Tennessee Association of Criminal Defense Lawyers, 8/25/06, Zealous Advocacy
- Board of Professional Responsibility, 10/6/06, Ethics Workshop
- Tennessee Public Defenders Conference, 10/10/06, Training Seminar
- Lorman Education Services, 10/27/2005, Psychological and Psychiatric Evaluations Used During the Trial Process
- John Marshall American Inn of Court, 2/8/2005, Secrets of Successful Negotiations
- Board of Professional Responsibility, 8/12/05, Ethics Workshop
- Tennessee Association of Criminal Defense Lawyers, June 17, 2005, Blakely v. Washington legislation.
- Tennessee Bar Association, April 29 , 2005, Corporate Criminal Law
- Tennessee Association of Criminal Defense Lawyers, December 4, 2004, Criminal Law Sentencing Since Blakely v. Washington
- Tennessee Bar Association Federal/State Judicial Conference, September 30, 2004, Criminal Law Sentencing Since Blakely v. Washington
- Board of Professional Responsibility, August 20, 2004, Ethics Workshop
- Tennessee Bar Association, July 27, 2004,Criminal Law Sentencing Since Blakely v. Washington
- Nashville Bar Association, December 11, 2003, Clarence Darrow
- Tennessee Association of Criminal Defense Lawyers, November 7, 2003, Immigration Seminar
- Tennessee Bar Association, Young Lawyers Division, November 5, 2003, Legal Ethics for New Lawyers
- Nashville Bar Association, September 25, 2003, Ethics and Professionalism
- Board of Professional Responsibility, August 4, 2003, Ethics Workshop
- Lorman Education Services, July 11, 2003, DUI Cases
- Board of Professional Responsibility, November 27, 2002, Ethics Workshop
- Tennessee Bar Association, Young Lawyers Division, November 6, 2002, Legal Ethics for New Lawyers
- Nashville Bar Association, October 28, 2002, American Criminal Law Presentation to Caen, France Attorneys
- Tennessee Public Defenders Conference, October 24, 2002, Training Seminar
- Lorman Education Services, July 12, 2002, DUI Appeals
- Tennessee Bar Association, Young Lawyers Division, November 7, 2001, Legal Ethics for New Lawyers
- Nashville School of Law, October 10, 2001, Legal Ethics
- Clarksville Bar Association, September 5, 2001, Legal Ethics
- Tennessee Association of Criminal Defense Lawyers, June 29, 2001, Criminal Law & Legislative Update
- Tennessee Judicial Conference, June 6, 2001, Bench and Bar Relations
- Nashville School of Law, January 1, 2001, Criminal Law Ethics
- Tennessee Judicial Conference, April 5, 2000, Lesser Included Crimes
- Tennessee Bar Association, February 25, 2000, Battered Woman Defense
- Tennessee Association of Criminal Defense Lawyers, January 28, 2000, Diminished Capacity
- Tennessee Bar Association. Young Lawyer's Division, December 15, 1998, Legal Ethics
- Nashville Bar Association, September 15, 1998, Ethics and Professionalism
- Tennessee Public Defenders Association, October 23,1997, Ethics of Effective Counsel
- Tennessee Bar Association, Health Law Forum, October 10, 1997, Parallel Criminal & Civil Cases
- National Association of Legal Secretaries, July 27, 1996, Domestic Violence
- Tennessee Association Dept. of Mental Health, July 17, 1996, The Insanity Defense, Changes in the Law
- Southeastern Institute of Law and Commerce, June 21-30, 1995, Training Seminar for the Russian Criminal Defense Bar, Moscow, Russia
- Tennessee Bar Association, June 14, 1995, Recent Developments in the Defense of Rape Cases
- Nashville Bar Association, Nov. 15, 1994, Criminal Law Ethics
- Nashville Bar Association, April 20, 1994, D.U.I. Tests
- Nashville Bar Association, Nov. 16, 1993, Criminal Law Ethics
- A.B.A., Young Lawyers Division, April 2, 1993, Guide to Appeals
- Tennessee Legislature Judiciary Committee, Jan. 11, 1993, Recent Court Decisions
- Nashville Bar Association, July 16, 1992, Legal Ethics
- Montgomery County Bar, June 19, 1992, Criminal Appeals
- Tennessee Association of Criminal Defense Lawyers, July 20, 1991, Self-defense for Battered Women
- Continual Learning Institute, March 1, 1991, Legal Review of Recent Cases
- National Business Institute, Jan. 15, 1991, Evidence in Trial Practice
- Continual Learning Institute, Dec. 27, 1990, Criminal Law for Civil Lawyers
- Tennessee Association of Criminal Defense Lawyers, Aug. 25, 1990, Criminal Appeals
- Tennessee Judicial Conference, Feb. 19, 1990, Tennessee Sentencing Reform Act
- Tennessee Association of Criminal Defense Lawyers, June 24, 1989, The 1989 Penal Code Reform Act
- Tennessee Trial Lawyers Association, April 28, 1989, The Rules of Evidence
- Tennessee Bar Association, Feb. 24, 1989, Appellate Practice
- Tennessee Bar Association of Criminal Defense Lawyers, Dec. 9, 1988, Trial Advocacy
- Rutherford County Bar Association, Dec. 2, 1988, Criminal Appeals
- Tennessee Sentencing Commission, Oct. 26, 1988, Sentencing Reform
- Nashville Bar Association, April 27, 1988, Opening and Closing Arguments
- Tennessee Judicial Conference, April 13, 1988, Proposed Criminal Code
- Nashville Bar Association, Sept. 16, 1987, Cross-Examination
- Nashville Bar Association, July 15, 1987, Criminal Sentencing
- Tennessee CLE, Inc., April 27, 1987, Criminal Sentencing
- Tennessee Association of Criminal Defense Lawyers, April 10, 1987, Criminal Sentencing
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