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December 29, 2017
Why would I want a different attorney for an appeal?

It is sad that many people who get accused of crimes in the Nashville area wind up getting convicted even if they did not commit the crime or, legally speaking, they were “not guilty.” In other cases, a Tennessee resident may acknowledge that their conviction is fair and may have even pled guilty to a […]

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December 15, 2017
Supreme Court to say whether plea bargain sentences can be reduced

If you plead guilty in exchange for a plea bargain, what happens if the customary sentence changes? When guideline sentences are reduced, defendants are sometimes allowed to ask for the new, lower sentence. Is there a reason why people sentenced after plea bargains should be denied that right? In the federal system, many sentences are […]

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December 4, 2017
Supreme Court: Is phone location data admissible without warrant?

The U.S. Supreme Court has just heard an appeal on whether police can collect cellphone location data without a warrant and still have it be admissible against criminal defendants. The case pits Americans’ privacy rights against the government’s interest in easy access to personal data that can solve crimes. The case before the court involves several […]

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November 17, 2017
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. […]

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November 4, 2017
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. Bobby was condemned for his role […]

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October 19, 2017
When does having separate trials violate double jeopardy?

Sometimes, a single defendant is subjected to two separate trials. This is often done in an effort to protect the defendant’s right to a fair trial when something in the first trial would create undue prejudice among the jury in the second trial, or vice versa. But what if part of the second trial depends […]

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ATTORNEY PATRICK MCNALLY
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