Lawyer Overview

EDUCATION:

• University of Tennessee, College of Law, J.D. Degree, December 1973
  • Law School Activities:
    • Member, Tennessee Law Review
    • Order of the Coif
• Virginia Commonwealth University (B.A. Degree 1971)
  
  
• Augusta Military Academy (Science, High School Degree, 1967)

CASES IN THE NEWS:

2008

Capital Punishment: Like anything else, you get the system you pay for, 10/16/08

Areas of Practice

• Criminal
• Criminal Appeals
• Criminal Trial
• Parole Hearings
• Post-Conviction Petitions
• Civil Litigation
• Civil Rights
• Embezzled Asset Recovery
• Personal Injury
• Victim's Rights & Compensation
• Civil

Representative Cases

• State v. Filauro, 2004 WL 840084 (Tenn.Crim.App 2004)
• State v. Ogundiya, 2004 WL 315138 (Tenn. Crim. App. 2004)
• State v. Sheppard, 2003 WL 21997737 (Tenn.Crim. App. 2003)
• State v. Kimbrell, 2003 WL 1877094 (Tenn. Crim. App. 2003)
• State v. Nevens, 2001 WL 430602 (Tenn.Crim.App. 2001)
• State v. Kelly, 1998 WL 712268 (Tenn.Crim.App. 1998)
• State v. Ward, 1996 WL 38867 (Tenn.Crim.App. 1996)
• State v. Flake, 88 S.W 3d 540 (Tenn. 2000)
• State v. Page, 81 S.W.3d 781 (Tenn. Crim. App. 2002)
• State v. Bowers, 77 S.W. 3d 776 (Tenn. Crim. App. 2001)
• State v. Ducker, 27 S.W.3d 889 (Tenn. 2000)
• State v Burns, 6 S.W.3rd 453 (Tenn. 1999)
• Wilson v. Wilson, 984 S.W.2d 898 (Tenn. 1999)
• State v. Lewis, 978 S.W.2d 558 (Tenn Crim. App. 1998)
• State v. Woodcock, 922 S.W.2d 904 (Tenn. Cr. App. 1995)
• State v. Forbes, 918 S.W. 2d 431 (Tenn. Cr. App. 1995)
• State v. Blouvett, 904 S.W. 2d 111 (Tenn. 1995)
• State v. Tizard, 897 S.W.2d 732 (Tenn. Cr. App. 1994)
• McIntyre v. Traughber, 884 S.W.2d 134 (Tenn. App. 1994)
• Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995)
• Ghem, Inc. v. Mapco Petroleum, Inc., 850 S.W.2d 447 (Tenn. 1993)
• State v. Barone, 852 S.W.2d 216 (Tenn. 1993)
• Slagle v. Reynolds, 845 S.W.2d 167 (Tenn. 1992)
• State v. Zimmerman, 823 S.W.2d 220 (Tenn. Cr. App. 1991)
• State v. Bilbrey, 816 S.W.2d 71 (Tenn. Cr. App. 1991)
• State v. Bryant, 805 S.W.2d 762 (Tenn. 1991)
• State v. McMullin, 801 S.W.2d 826 (Tenn. Cr. App. 1990)
• State v. Perry, 740 S.W.2d 723 (Tenn. Cr. App. 1987)
• State v. Landers, 723 S.W.2d 950 (Tenn. 1987)
• State v. Moss, 727 S.W.2d 229 (Tenn. 1986)
• Martin v. State, 584 S.W.2d 830 (Tenn. Cr. App. 1979)
• Dearborne v. State, 575 S.W.2d 259, 4 A.L.R.4th 138 (Tenn. 1978)
• Pace v. State, 566 S.W.2d 861 (Tenn. 1978)
• State v. Gaddis, 530 S.W.2d 64 (Tenn. 1975)
• State ex rel. Gillard v. Cook, 528 S.W.2d 545 (Tenn. 1975)
• Lillard v. State, 8 S.W.2d 207, 81 A.L.R.3d 1217 (Tenn. Cr. App. 1975)
• State v. Banks, 564 S.W.2d 947 (Tenn. 1978)
• Forbes v. State, 559 S.W.2d 318 (Tenn. 1977)
• State v. Stacey, 556 S.W.2d 552 (Tenn. Cr. App. 1977)
• Smith v. State, 547 S.W.2d 925 (Tenn. 1977)
• Graham v. State, 547 S.W.2d 531 (Tenn. 1977)
• Collins v. State, 550 S.W.2d 643 (Tenn. 1977)
• State v. Wert, 550 S.W.2d 1 (Tenn. Cr. App. 1977)

West Practice Categories

Civil Rights, Criminal Law, Victims' Rights, Litigation & Appeals, Personal Injury -- Defense, Personal Injury -- Plaintiff

Bar Admissions

• Tennessee
• U.S. District Court Eastern District of Tennessee
• U.S. District Court Middle District of Tennessee
• U.S. District Court Western District of Tennessee
• U.S. Court of Appeals 6th Circuit
• U.S. Supreme Court

Professional Associations and Memberships

• Tennessee Supreme Court Advisory Commission on Tennessee Rules of Criminal Procedure, 1982 - 1988 (Chair)
• Tennessee Sentencing Commission, 1986 - 1995 (Member, Chaired Criminal Code Revision Subcommittee)
• Tennessee Supreme Court Advisory Commission on Tennessee Rules of Post Conviction Procedures, 1991 - 1995 (Member)
• Tennessee Supreme Court Advisory Commission on Tennessee Rules of Civil Procedure, 1996 - 2000 (Adjunct Member)
• Tennessee Supreme Court Advisory Commission on Tennessee Rules of Practice and Procedure, 2001 - Present (Member)
• Governor's Task Force on the Use of Enhancement Factors in Criminal Sentencing, 2004 - Present (Member)
• American Bar Association (Member)
• Nashville Bar Association (Member)
• National Association of Criminal Defense Lawyers (Member)
• Tennessee Association of Criminal Defense Lawyers (Member, Board of Directors)
• Tennessee Bar Association (Member)
• Tennessee Trial Lawyers Association (Member)

Honors and Awards

• Best Lawyers in Tennessee, 2005
• Best Lawyers in America
• Best 100 Lawyers in Tennessee, Business Tennessee Magazine, 2004
• Tennessee Bar Association Justice Henry Award for Outstanding Legal Writing, 1983
• Tennessee Bar Association Justice Henry Award for Outstanding Legal Writing, 2005
• Martindale-Hubbell (Highest Rating: AV)
• FindLaw

Classes and Seminars

• Ethics Workshop, Board of Professional Responsibility, August 12, 2005
• Blakely v. Washington legislation, Tennessee Association of Criminal Defense Lawyers, June 17, 2005
• Corporate Criminal Law, Tennessee Bar Association, April 29, 2005
• Criminal Law Sentencing Since Blakely v. Washington, Tennessee Association of Criminal Defense Lawyers, December 4, 2004
• Criminal Law Sentencing Since Blakely v. Washington, Tennessee Bar Association Federal/State Judicial Conference, September 30, 2004
• Ethics Workshop, Board of Professional Responsibility, August 20, 2004
• Criminal Law Sentencing Since Blakely v. Washington, Tennessee Bar Association, July 27, 2004
• Clarence Darrow, Nashville Bar Association, December 11, 2003
• Immigration Seminar, Tennessee Association of Criminal Defense Lawyers, November 7, 2003
• Legal Ethics for New Lawyers, Tennessee Bar Association, Young Lawyers Division, November 5, 2003
• Ethics and Professionalism, Nashville Bar Association, September 25, 2003
• Ethics Workshop, Board of Professional Responsibility, August 4, 2003
• DUI Cases, Lorman Education Services, July 11, 2003
• Ethics Workshop, Board of Professional Responsibility, November 27, 2002
• Legal Ethics for New Lawyers, Tennessee Bar Association, Young Lawyers Division, November 6, 2002
• American Criminal Law Presentation to Caen, France Attorneys, Nashville Bar Association, October 28, 2002
• Training Seminar, Tennessee Public Defenders Conference, October 24, 2002
• DUI Appeals, Lorman Education Services, July 12, 2002
• Legal Ethics for New Lawyers, Tennessee Bar Association, Young Lawyers Division, November 7, 2001
• Legal Ethics, Nashville School of Law, October 10, 2001
• Legal Ethics, Clarksville Bar Association, September 5, 2001
• Criminal Law & Legislative Update, Tennessee Association of Criminal Defense Lawyers, June 29, 2001
• Bench and Bar Relations, Tennessee Judicial Conference, June 6, 2001
• Criminal Law Ethics, Nashville School of Law, January 1, 2001
• Lesser Included Crimes, Tennessee Judicial Conference, April 5, 2000
• Battered Woman Defense, Tennessee Bar Association, February 25, 2000
• Diminished Capacity, Tennessee Association of Criminal Defense Lawyers, January 28, 2000
• Legal Ethics, Tennessee Bar Association. Young Lawyer's Division, December 15, 1998 - December 12, 1998
• Ethics and Professionalism, Nashville Bar Association, September 15, 1998
• Ethics of Effective Counsel, Tennessee Public Defenders Association, October 23, 1997
• Parallel Criminal & Civil Cases, Tennessee Bar Association, Health Law Forum, October 10, 1997
• Domestic Violence, National Association of Legal Secretaries, July 27, 1996
• The Insanity Defense, Changes in the Law, Tennessee Association Dept. of Mental Health, July 17, 1996
• Training Seminar for the Russian Criminal Defense Bar, Moscow, Russia, Southeastern Institute of Law and Commerce, June 21, 1995 - June 30, 1995
• Recent Developments in the Defense of Rape Cases, Tennessee Bar Association, June 14, 1995
• Criminal Law Ethics, Nashville Bar Association, November 15, 1994
• D.U.I. Tests, Nashville Bar Association, April 20, 1994
• Criminal Law Ethics, Nashville Bar Association, November 16, 1993
• Guide to Appeals, A.B.A., Young Lawyers Division, April 2, 1993
• Recent Court Decisions, Tennessee Legislature Judiciary Committee, January 11, 1993
• Legal Ethics, Nashville Bar Association, July 16, 1992
• Criminal Appeals, Montgomery County Bar, June 19, 1992
• Self-defense for Battered Women, Tennessee Association of Criminal Defense Lawyers, July 20, 1991
• Legal Review of Recent Cases, Continual Learning Institute, March 1, 1991
• Evidence in Trial Practice, National Business Institute, January 15, 1991
• Criminal Law for Civil Lawyers, Continual Learning Institute, December 27, 1990
• Criminal Appeals, Tennessee Association of Criminal Defense Lawyers, August 25, 1990
• Tennessee Sentencing Reform Act, Tennessee Judicial Conference, February 19, 1990
• The 1989 Penal Code Reform Act, Tennessee Association of Criminal Defense Lawyers, June 24, 1989
• The Rules of Evidence, Tennessee Trial Lawyers Association, April 28, 1989
• Appellate Practice, Tennessee Bar Association, February 24, 1989
• Trial Advocacy, Tennessee Bar Association of Criminal Defense Lawyers, December 9, 1988
• Criminal Appeals, Rutherford County Bar Association, December 2, 1988
• Sentencing Reform, Tennessee Sentencing Commission, October 26, 1988
• Opening and Closing Arguments, Nashville Bar Association, April 27, 1988
• Proposed Criminal Code, Tennessee Judicial Conference, April 13, 1988
• Cross-Examination, Nashville Bar Association, September 16, 1987
• Criminal Sentencing, Nashville Bar Association, July 15, 1987
• Criminal Sentencing, Tennessee CLE, Inc., April 27, 1987
• Criminal Sentencing, Tennessee Association of Criminal Defense Lawyers, April 10, 1987

Past Employment Positions

• Office of the Attorney General, Nashville, Tennessee, Assistant Attorney General, 1974 - 1976
• Office of the Attorney General, Nashville, Tennessee, Senior Assistant Attorney General, 1976 - 1977
• Office of the District Attorney, Nashville, Tennessee, 1977 - 1984

Education

• University of Tennessee College of Law, Knoxville, Tennessee, December, 1973
  J.D.
  Honors: Order of the Coif
  
  Law Review: Tennessee Law Review, Member
• Virginia Commonwealth University, 1971
  B.A.

Published Works

• Capital Punishment: Like anything else, you get the system you pay for, October 16, 2008
• The Blakely Fix, 41 Tennessee Bar Association Journal 14, July, 2005
• What is the Impact of Blakely v. Washington on Sentencing in Tennessee?, Tenn. Bar Journal, August, 2004
• Thirteen Tips For Improving Client Relations, Tenn. Bar Journal, Nov., 2002
• Stick to Your Guns: Restoration of Firearm Rights, Tenn. Bar Journal, March, 2003
• Mrs. Burns' Lesser Included Offense Pyramid, Tenn. Bar Association, Nov., 1999
• Instructing the Jury in Murder Cases, Tenn. Bar Journal, July, 2002
• Obtaining Medical Records For Mental Health Evaluations, Tenn. Bar Journal, July, 2001
• Advocacy In DUI Cases
• Battered Woman Defense
• Ethics in Criminal Cases
• Tennessee Sentencing Practices 1790-1999
• Tennessee Criminal Practice and Procedure, West Publishing Company, 1984
• The Tennessee Sentencing Reform Act of 1982, 18 Tenn. Bar J. 36, Aug., 1982
• The Class X Felony Law of 1979, 14 Tenn. Bar J. 25, Aug., 1979
• Commentary on Tennessee Death Penalty Law, Vol. 4, No. 2 Judicial Newsletter 3, May, 1977
• The Proposed Criminal Code, 41 Tenn. L. Rev. 131, 1973
• Note, The Abolition of Anonymity, 40 Tenn. L. Rev. 301, 1973

Address

424 Church Street
Fifth Third Center
Suite 2200
Nashville, TN 37219

Phones

(615) 256-6666

Faxes

(615) 254-4254

Emails

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Websites

http://www.hwylaw.com