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May 19, 2016
What causes wrongful convictions?

According to recent data, wrongful convictions are not just the subject of dramatizations. In 2015, 149 convictions were overturned. In fact, the number of exonerations has risen nearly every year in the past decade. Readers may wonder how wrongful convictions can result in a criminal justice system that requires the prosecution to present evidence of […]

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May 9, 2016
Is there benefit to sealing or expunging one’s criminal record?

If you’ve applied to a job recently, you might have seen a checkbox on the application inquiring whether you had ever been convicted of a crime. Is that fair? After all, one rationale of incarceration is rehabilitation. After an individual has served a sentence, he or she should have the right to reenter society and […]

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April 22, 2016
Does preparing an appeal involve a special set of legal skills?

Pursuing post-conviction relief or the filing of an appeal requires extensive legal preparation, as some local law students recently discovered. The third-year law students at the University of Tennessee spent nearly a year getting an immigration case ready for appeal. Their work involved preparing the record, drafting the appeal documents, and preparing for oral arguments. […]

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April 8, 2016
What happens if a due process violation occurred during a trial?

A conviction resulting from an unfair or procedurally compromised trial may not be the last word. The sexual assault mistrial involving several former Vanderbilt University football players is a recent example. The players were found guilty after standing trial in a Tennessee court. However, a post-conviction inquiry into the impartiality of the jurors determined that […]

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March 28, 2016
Can new DNA evidence be introduced after a conviction?

Although a successful outcome is always desired, a criminal defendant should keep in mind that post-conviction options may also be available. The obvious example is filing an appeal with the appropriate state or federal court. But post-conviction DNA analysis may also be available in some circumstances.  As its name suggests, post-conviction analysis of DNA evidence […]

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March 14, 2016
Is an appeal always an uphill battle?

Is preparing to file a state or federal appeal akin to being the underdog? As a law firm that has helped many clients with successful appeals, we would caution against assuming that the odds are always stacked against an appellant.  Consider the many was that errors might arise in a trial. Procedural and constitutional violations […]

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