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November 7, 2016
Can challenges be raised against DNA evidence?

Although DNA evidence may be characterized as irrefutable proof in television and movie dramatizations, real life applications raise some concerns. Specifically, there are variables that can affect the reliability of DNA evidence. One of the biggest problems with DNA samples is contamination, resulting in tainted evidence. DNA evidence must be properly collected, processed with care […]

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October 24, 2016
Are Tennessee drug sentences appropriate to the crimes?

A recent article questioned the appropriateness of penalties for drug possession for personal use. The question affects more people than readers might realize: An American is arrested every 25 seconds for possession of personal use drugs. Although officials may claim that their enforcement efforts target those who sell drugs, those who possess drugs are arrested at […]

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October 10, 2016
Tennessee appeal results in a new criminal trial for the accused

A former Tennessee sheriff’s post-conviction legal efforts have paid off: The Tennessee Court of Criminal Appeals recently ordered a new trial. The former sheriff was arrested for allegedly trying to shoot his wife. He was formally charged with attempted voluntary manslaughter, and the jury in his criminal trial found him guilty in February 2013. The […]

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September 26, 2016
Even a conviction based on forensic evidence might be appealed

For many, the term “forensic evidence” conjures up an association with science, or a process that has been verified by the scientific method. Yet it would be a mistake to characterize all types of forensic evidence as 100 percent accurate. Fingerprint identification, hair or fiber analysis, and DNA samples are all examples of evidence that […]

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September 13, 2016
Criminal trial put on hold; awaiting decision from appeals court

Evidence — or that lack of access to it — can be detrimental to a criminal defense. In a local example, an appeal filed with the Tennessee Court of Criminal Appeals challenges the credibility of the witness whose testimony could make or break the case for aggravated rape against a former University of Tennessee linebacker […]

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August 31, 2016
An overzealous prosecutor’s tactics might produce an unfair trial

Although a strong work ethic is often considered a virtue, should prosecutors approach their jobs that way? As a law firm that has represented many criminal defendants, we have observed aggressive prosecutorial tactics in the courtroom. True, it is a prosecutor’s job to seek a conviction, but there is a difference between doing one’s job […]

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ATTORNEY PATRICK MCNALLY
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