David L. Raybin
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David L. Raybin
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  • Attorney's Articles
  • Criminal Law

    Mrs. Burns' Lesser Included Offense Pyramid: Important New Rules for Charging the Jury

    Obtaining Medical Records For Mental Health Evaluation

    Stick to Your Guns: Restoration of Tennessee "Firearm Rights"

    Instructing the Jury in Murder Cases

    Battered Woman's Syndrome: Trial Tactics


    Ethics & Professional Responsibility

    Thirteen Tips For Improving Client Relations


    Health & Health Care Law

    Obtaining Medical Records For Mental Health Evaluation


    Litigation & Appeals

    Thirteen Tips For Improving Client Relations

    Battered Woman's Syndrome: Trial Tactics


     

    David L. Raybin
    Firm: Hollins, Wagster, Weatherly & Raybin, P.C.
    Address: 424 Church Street
    Fifth Third Center
    Suite 2200
    Nashville, TN 37219
    Phone: (615) 256-6666
    Fax: (615) 254-4254
    E-mail: Contact Us
    Web site: http://www.hwylaw.com

    Areas of Practice Bar Admissions Education
    Honors Published Works Affiliations
    Representative Cases
    Lawyer Profile:

    EDUCATION:

    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
    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
    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

    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)
    Classes/Seminars Taught:
    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

    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

    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

    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

    West Practice Categories:
    Civil Rights, Criminal Law, Victims' Rights, Litigation & Appeals, Personal Injury -- Defense, Personal Injury -- Plaintiff
    Profile Last Updated:
    12/9/2008

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