Nashville Criminal Lawyer :: David Raybin :: Davidson County, Tennessee Criminal Defense Attorney

Education

J.D., University of Tennessee, College of Law, 1973
Member, Tennessee Law Review Order of the Coif

B.A., Virginia Commonwealth University, 1971

Jurisdictions Admitted to Practice

United States Supreme Court
All Tennessee Courts
United States Court of Appeals for the Sixth Circuit
United States District Courts in Tennessee

Professional Listing

Prior Legal Experience

Office of the Attorney General, Nashville, Tennessee, May 1974 - October 1977
- Assistant Attorney General, 1974 - 1976
- Senior Assistant Attorney General, 1976 - 1977
Office of the District Attorney, Nashville, Tennessee, October 1977 - January 1984

Legal Board 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

Search and Seizure; "Knock and Talk" Doctrine (brief)
Criminally Negligent Homicide (Brief)
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)
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. Stewart (Tenn.Crim. App. 2008) (probation revocation; recusal of judge)
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

2010

2009

2008

2007

2006

2005

2004

2003

2002

2001

2000

1999 and Earlier

Presentation to The Following Organizations

Tennessee Bar Association, 9/17/2008, How to Communicate with Your Clients on the phone, on the web, and in person

Harry Phillips American Inn of Court, 5/20/2008, Jury Demand or No Jury Demand: That is the Question

Tennessee Public Defenders Conference, 10/29/06, Training Seminar

Tennessee Association for Justice, 06/11/2008, How to Communicate With Your Client to Gain Business and Avoid Ethical Complaint

Tennessee Association for Justice, 11/1/2007, 2007 Annual Review and Ethics Review

Tennessee Association of Criminal Defense Lawyers, 06/29/2007, 2007 Legislative Review & Case Law Update

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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David Raybin