David Raybin
Free Consultation
Work in Raybin & Weissman, P.C.
Top Rated Family Law Attorney in Nashville, TN
Car Accidents, Construction, Accidents, Brain Injury, Personal Injury
424 Church St Suite 2120, Nashville, TN 37219
About David Raybin
Practice Areas
- Car Accidents
- Construction
- Accidents
- Brain Injury
- Personal Injury
Education
- University of Tennessee College of Law, Knoxville, Tennessee, December, 1973J.D.
- Honors: Order of the Coif
- Law Review: Tennessee Law Review, Member
- Virginia Commonwealth University, 1971B.A.
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)
- State v Wilson Tenn.Crim. App. 2011 (suppression of blood test in DUI case)
- Bernard v. Metropolitan Government of Nashville/Davidson County, Tennessee, Tenn. App. 2010 (police officer retirement benefits).
- State v. Mims , (Tenn. Crim. App.2010) (pretrial diversion for attorney)
- Atkinson v. State, Tenn. App. 2010 (prisoner suicide)
- Brown v. State, Tenn. Crim. App. 2010 (ineffective assistance of counsel)
- State v. Trusty Tenn. Crim. App. 2010 (proof of venue)
- State v. Talley ,(Tenn. Sp Ct. 2010)
- Rountree v. State, Tenn. Crim. App. (2009)
- State v. Headley ,(Tenn.Crim. App. 2009)
- State v. Stewart ,(Tenn.Crim. App. 2008)
- State v. Geiculescu ,(Tenn.Crim. App. 2008)
- Hendricks vs Peace Officers Standards and Training Commission ,(Davidson County Chancery Court 2008)
- Bernard v. Metropolitan Government, 2007 WL 935722 (Tenn.App. 2007)
- State v. Strickland, 2007 WL 1028535 (Tenn.Crim App 2007)
- State v. Schiefelbein, 2007 WL 465151 (Tenn.Crim.App 2007)
- State v. Neese, 2006 WL 3831387 (Tenn.Crim.App 2006)
- State v. Guartos, 2006 WL 163633 (Tenn.Crim.App 2006)
- State v. Hood, 2006 WL 3455211 (Tenn.Civ.App 2006)
- Moore v. Tennessee Board of Probation and Parole, 2005 WL 1025763 (Tenn.Civ.App 2005)
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
Qualifications
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
Other Affiliations
- 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 Positions
- Office of the Attorney General, Nashville, Tennessee, Assistant Attorney General, 1974 - 1977
- Office of the Attorney General, Nashville, Tennessee, Senior Assistant Attorney General, 1977 - 1984
- Office of the District Attorney, Nashville, Tennessee, 1977 - 1984
Articles
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
- Three Volume Set, Tennessee Criminal Practice and Procedure, West Publishing Company, 1984 – present (this work has been cited as authority in over one hundred appellate opinions)
- 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)
- The Proposed Criminal Code, 41 Tenn. L. Rev. 131 (1973)
- Note, The Abolition of Anonymity, 40 Tenn. L. Rev. 301 (1973)
- “Preserving Appellate Issues at Trial – First Steps”– TBA Appellate Practice Section March 2018
- Lawyer for the Condemned: I Witnessed What Should be the Last Electric Chair Execution
- Search and Seizure; “Knock and Talk” Doctrine (brief)
- Criminally Negligent Homicide (Brief)
- Expungement of Arrest Records Tennessee Bar Journal, February, 2008
- State v. Gomez: Tennessee Sentencing Law Violates Sixth Amendment, Tenn. Bar Journal, December, 2007
- Appellate Retroactivity Rules: The Pipeline Doctrine
- Consecutive Sentences Violate the Sixth Amendment (Brief)
- Civil Rights Complaint (False Arrest)
- Appellate Advocacy
- Who’s there? The parameters of police ‘knock and talk’ tactics, 43 Tennessee Bar Association Journal 3, March, 2007
- Motion to Suppress Search of Dwelling
- Sentencing Memorandum (Possession of Machine Gun)
- Change of Venue (Motion)
- Child Sex Offenses (Brief)
- Lawsuit claims life sentences miscalculated
- Kentucky Clerk Not Issuing Marriage Licenses Jailed
- Corporate Crime (Speech)
- Criminal Mental Health Issues (Speech)
- Deportation because of Criminal Conviction (Speech)
- Double Jeopardy (Brief)
- Driving under the Influence (Brief)
- Evading Arrest (Brief)
- Insanity Defense (Brief)
- Mental State Jury Instructions (Brief)
- Mistaken Identity (Brief)
- Setting Aside Guilty Plea (Brief)
- 37. The Anticipated Resolution of the Blakely Split of Authority in the States, 18 Federal Sentencing Reporter, October, 2005
- Weapon Offense (Federal Sentencing Memo)
- The Blakely Fix, 41 Tennessee Bar Association Journal 14 (July 2005)
- Sumner County Detective Resigns Amid Investigation
- 4. A lawsuit with large potential ramifications challenges Tennessee’s handling of life sentences with chance of parole
- 4 Nashville criminal cases overturned in 35 days
- Lindsey Lowe, who killed newborn twins, seeks new trial
- Defense lawyers say sentencing task force one-sided
- Lawyers: Beck case falls in gray area of DUI law
- Lindsey Lowe Convicted of Killing Twin Babies Seeks New Trial
- Mother Convicted of Smothering Twins Seeks New Trial
- Lindsey Lowe Seeks A New Trial
- Blackwell v Haslam, Brief (Pardon and Second Amendment)
- Improving Attorney-Client Communications: Fifty Tips
Office Info
Other Colleagues
- Personal Injury, Civil Rights, Criminal Law
Nearby Lawyers
- Car Accidents
- Construction
- Accidents
- Brain Injury
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The power of the lawyer is in the uncertainty of the law.