| Directors | Products | Seminars (CLE) | Technology | Membership | Law Links |
Education:
Professional History:
Professional Admissions:
Bar Associations and Professional Societies:
Legal Publications and Lectures:
Significant Appellate Cases:
State v. Moats-- (Tenn.. 1995)--Important case regarding the function of the trial judge as the thirteenth juror. First degree murder conviction reversed and remanded for retrial. Lead counsel at trial and on appeal. Authored appellate brief.
State v. Branam--855 S.W.2d 563 (Tenn.Cr.App. 1993)--Important case regarding imposition of death penalty on "non-triggerman" defendant. Death sentence vacated. Lead counsel at trial. I did not represent the Defendant on appeal, but the issues raised at trial and at motion for new trial supplied the basis for the appeal and the Court of Criminal Appeals' decision.
State v. Brown--836 S.W.2d 530 (Tenn. 1992)--"Landmark" case defining and distinguishing the elements of premeditation and deliberation in first degree murder. Decision overruled established precedents. First degree murder conviction reduced to second-degree murder and death sentence vacated. Lead counsel at trial and on appeal. Co-authored appellate brief with co-counsel. Argued selected issues before the Tennessee Supreme Court.
State v. Tilson--1992 WL 97094 (Tenn.Cr.App. 1992)--Court of Criminal Appeals ruled that Defendant's release eligibility percentage must be set according to statute in effect at time offense was committed, not statute in effect at time of sentencing. Defendant's sentence modified to reflect significantly lower release eligibility percentage. Lead counsel on appeal. Authored appellate brief.
State v. Sims--746 S.W.2d 191 (Tenn.Cr.App. 1988)--Important case on cross-examination of character witnesses regarding their knowledge of prior arrests of a defendant. This case also prohibits the questioning of a defendant or other witness regarding any arrests or convictions which have been expunged. Lead counsel on appeal. Authored brief. Argued case before Tennessee Supreme Court.
Williams v. State--1987 WL 25419 (Tenn.Cr.App. 1987)--Post-conviction Petition. Court of Criminal Appeals ruled that three-year statute of limitation on the filing of post-conviction petitions would not begin to run until effective date of statute enacting limitation. Lead counsel at trial level and on appeal. Authored appellate brief.
Lundy v. State--752 S.W.2d 98 (Tenn.Cr.App. 1987)--Case discusses issues regarding prosecutorial misconduct and constitutionality of instructing jurors that all witnesses are presumed to tell the truth. Associate counsel on appeal. Authored appellate brief. Simerly v. Norris--1987 WL 8315 (Tenn.Cr.App. 1987)--Trial court found Norris (then Commissioner of Corrections) in contempt of court in case involving refusal of state to release prisoner after his sentence had been completed. Court of Criminal Appeals reversed contempt finding. Distinguishes between civil contempt and criminal attempt. Also discusses writ of habeas corpus and what constitutes compliance with writ. Associate counsel on appeal. Authored appellate brief.
State v. Schaaf--727 S.W.2d 255 (Tenn.Cr.App. 1986)--Important case regarding prosecutorial misconduct and abuse of subpoena power. Lead counsel on appeal. Authored appellate brief.
State v. Howell--698 S.W.2d 84 (Tenn.Cr.App. 1985)--Opinion discusses issues relating to voluntary intoxication and specific intent. Associate counsel on appeal. Authored appellate brief.
State v. Long--694 S.W.2d 337 (Tenn.Cr.App. 1985)--Appeal of multiple armed robbery convictions involving issues of probable cause for initial stop and scope of appellate review of trial court's sentencing decisions. Lead counsel at trial and on appeal. Authored appellate brief.
State v. Badgett--693 S.W.2d 917 (Tenn.Cr.App. 1985)--Appeal of habitual criminal conviction. Opinion discusses issues relating to admissibility of evidence of pending criminal charges against defendant at trial, improper jury instructions, and constitutionality of habitual criminal statute. Lead counsel at trial and on appeal. Authored appellate brief.
State v. Lane--672 S.W.2d 440 (Tenn.Cr.App. 1984)--Important case under old "safecracking" statute defining what constitutes a "vault" under that statute. Associate counsel on appeal. Authored appellate brief.