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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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January 16, 2017
What makes for a good state court appeal?

Although criminal procedures are intended to produce justice, the justice system, like all areas of life, is susceptible to human error. For that reason, our Tennessee law firm has always maintained that criminal appeals should be regarded as an essential aspect of the system, not merely a last ditch effort. In a recent example, a […]

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January 4, 2017
Appellate judge urges courts to remember poverty is not a crime

In 2012, a 40-year-old homeless man named Harley was arrested for stealing quarters from a vending machine on a university campus. He had simply walked into a campus building during the daytime, unarmed and threatening no one. He used a bent coat hanger to fish out the quarters without damaging the vending machine. His take […]

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January 2, 2017
An attorney can advocate for mitigating factors in your sentence

Depending on the facts unique to a criminal defendant’s case, the penalties imposed for convictions of sexual offenses can have dramatically different outcomes. Consider the following sentences in Tennessee: A “Class A” felony can result in 15-60 years in prison, a “Class B” felony is 8-30 years, and a “Class C” felony is 3-15 years. […]

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December 21, 2016
Does money improve your chances of a fair criminal outcome?

Getting a fair day in criminal court is the constitutional right of all Americans. However, getting offered the best plea deal is not. According to a recent article, a criminal defendant’s financial resources might affect the outcome of any negotiations with prosecutors. Specifically, a program called diversion may not be available to all criminal defendants. […]

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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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ATTORNEY PATRICK MCNALLY
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