Tennessee Criminal Law Conference
Coming to Nashville School of Law on Friday, November 30, 2018
Tennessee Criminal Law Conference packs one day with leading authorities delivering critical law practice guidance on the hottest topics and some of the most complex issues you’ll face, including:
- Pretrial Motions. Judge Mark Fishburn will cover effective use of pretrial motions.
- Preservation for Appeal. David Raybin will discuss techniques you need to preserve your case for appeal.
- Suppression of Blood Alcohol Tests. André Wharton will explain the use of blood alcohol tests and the best methods for suppression.
- Payment. Lacy Wilber will discuss indigent representation and getting paid.
- Post-conviction & Immigration. Patrick McNally will cover issues from the recent U.S. Supreme Court Case Jae Lee v. United States.
- General Immigration Consequences. Immigration Specialist Mary-Kathryn Harcombe will provide an overview of issues you need to be aware of when representing foreign nationals.
- General Sessions. Deputy Public Defender Aisha McWeay will outline the process of navigating your way through general sessions dockets.
- Ethical concerns. Bryan Stephenson presents ethical scenarios that criminal law attorneys need to know for effective client management.
- Update. Ben Raybin updates attorneys on the latest legislative changes in the criminal law area.
When you attend, you will:
- Earn 7.5 hours of CLE (6.5 hours of General and 1 hour of Dual)
- Receive comprehensive explanations of the latest developments in criminal law
- Network with other Tennessee attorneys in your practice area
- Access valuable insight from a Division VI Criminal Court judge
This leading CLE event will be presented by:
Judge Mark Fishburn, Davidson County Criminal Court Judge, Nashville
Mary-Kathryn Harcombe, Nashville Metro Public Defender's Office, Nashville
Patrick T. McNally, Weatherly McNally & Dixon, PLLC, Nashville
Aisha McWeay, Nashville Metro Public Defender's Office, Nashville
Ben Raybin, Raybin & Weissman P.C., Nashville
David Raybin, Raybin & Weissman P.C., Nashville
Bryan Stephenson, Law Office of Bryan Stephenson, Nashville
Andre Wharton, The Wharton Law Firm, Memphis
Lacy Wilber, Assistant General Counsel, Tennessee Supreme Court, Nashville
Your Distinguished Faculty
Mary-Kathryn Harcombe Mary-Kathryn Harcombe, grew up in Texas, but left as soon as she could. She attended college at Stanford University in California and law school at New York University School of Law. She is licensed to practice law in Tennessee, California, and Oregon.
After graduating from law school, Ms. Harcombe came to Nashville to clerk for Judge Martha C. Daughtrey on the federal Sixth Circuit Court of Appeals. In her 10+ years at the PD’s office, she has worked on almost every kind of case, ranging from drivers' licenses to death penalty.
Ms. Harcombe now runs the Public Defender’s Office’s New Americans Project, which aims to improve criminal defense services for those who are non-citizens or new to this country. As part of this project, she works to prevent the negative immigration consequences that can arise from criminal charges. Ms. Harcombe frequently writes and presents about best practices in representing non-citizen criminal defendants.
Judge Mark Fishburn, is Judge of Division VI, Criminal Court, 20th Judicial District. He was appointed as the first judge of the newly created Division VI by Governor Phil Bredesen on September 1, 2003.
Prior to his appointment, Judge Fishburn served as the Judge of Division Two of the Metropolitan General Sessions Court. Elected in September, 1998, Judge Fishburn subsequently served as Presiding Judge of the General Sessions Courts and initiated a highly praised Mental Health Court program in July of 2000.
Judge Fishburn was in private practice for 18 years specializing in criminal law, personal injury and worker’s compensation cases. He is a member of the American Judges’ Association, Tennessee and Nashville Bar Associations and the Tennessee Judicial Conference. Judge Fishburn is a member of numerous justice and mental health related boards and regularly serves as presiding judge for Appellate Moot Court Programs at Harvard Law School and the Nashville School of Law.
Patrick T. McNally, is a partner in the Nashville law firm of Weatherly, McNally & Dixon, P.L.C., where his practice is devoted to criminal law and immigration law ancillary to criminal cases. He is a former president and board member of the Tennessee Association of Criminal Defense Lawyers, past-chair of the Nashville Bar Association Criminal Court and Criminal Justice Committee, past-chair and current delegate of the Executive Committee of the Tennessee Bar Association Criminal Justice Section, a member of the National Association of Criminal Defense Lawyers, a member of the Kentucky Bar Association, and a member of the T.B.A. Access to Justice Committee. Prior to entering private practice, Mr. McNally was an assistant public defender in Nashville and an assistant public advocate in Hazard, Kentucky. Mr. McNally earned his B.A. degree from Wake Forest University and his J.D. degree from the University of Tennessee. Mr. McNally is a frequent lecturer on the Padillia decision for the Federal Bar Association Immigration Section and the Mid-South Chapter of the American Immigration Lawyers Association.
Aisha McWeay, grew up in Birmingham, Alabama. She graduated summa cum laude from Clark Atlanta University, where she majored in Mass Communications. She worked briefly in the finance industry before attending law school. She received her J.D. from Vanderbilt and joined the Nashville Defenders as an Assistant Public Defender in 2009. During law school, Aisha served as the Director of the Vanderbilt Street Law program, a program that educates underserved Nashville communities on law, democracy, and human rights.
In 2014, Aisha became the General Sessions Division Chief and has found the experience of supporting and training the Nashville Defenders on her team to be one of great reward. In April 2017, she became the Deputy Public Defender for Nashville-Davidson County. While serving as a lawyer in the office she has served in various mentoring and volunteer capacities, with a primary focus on high school students at McGavock and Cane Ridge high schools.
She is a graduate of the Gideon’s Promise Core 101 program, Leadership Summit participant, and graduate trainer for the organization. She believes wholeheartedly in the quote “The best way to find yourself is to lose yourself in the service of others.”
Ben Raybin is an attorney with the law firm of Raybin & Weissman, P.C. in Nashville. His practice focuses on criminal defense, civil rights, and appellate law. He has briefed and argued cases before the Tennessee Supreme Court and the Tennessee Court of Appeals. He is a graduate of Vanderbilt University Law School, where he served on the Law Review, and received his B.A. with honors from the University of Chicago. Mr. Raybin clerked for Judges Gilbert Merritt and Jane Stranch, both of the U.S. Court of Appeals for the Sixth Circuit. He is the editor of the Tennessee Supreme Court Hotlist, which previews cases which have recently been granted review. He is a member of the Nashville Bar Association, the Tennessee Bar Association and the Tennessee Association of Criminal Defense Lawyers.
David Raybin, with the law firm Raybin & Weissman, P.C., has practiced criminal and federal civil rights law in Nashville for forty years. He serves as local counsel for Children’s Rights, a non-profit involved in foster care litigation. For over twenty-five years David has represented Nashville police officers through the Fraternal Order of Police. David Raybin served on the Tennessee Sentencing Commission for nine years. He was twice awarded the Justice Joe Henry Award for outstanding legal writing by the Tennessee Bar Association and received the Norman Award from the Nashville Bar Association. He is also the author of the three-volume treatise Tennessee Criminal Practice and Procedure. David Raybin is a 1973 Order of the Coif graduate of the University of Tennessee College of Law. After graduation he served as an Assistant State Attorney General for three years. Then he was hired by Tom Shriver to serve as an Assistant District Attorney for seven years. After his service with the government, David joined what was then Hollins Wagster and Yarbrough. Following the reorganization of the firm, David is now the senior partner of Hollins Raybin and Weissman. David Raybin is married and has two children, one of whom – Ben Raybin – practices with the firm.
Bryan Stephenson, Native Tennessean Bryan Stephenson has been a practicing criminal attorney since 2004. A solo practitioner, he represents clients in Nashville and all counties in Middle Tennessee. Prior to becoming a defense attorney, he worked for 3.5 years as an Assistant District Attorney for Davidson County. His case experience includes Felony Murder, Aggravated Robbery, Drug Offenses, Domestic Assault, Theft, DUI, Extortion, Forgery, Burglary, Public Intoxication, Disorderly Conduct, and a whole host of other charges. He also teaches Legal Research & Writing as an adjunct professor for Lipscomb University’s Law, Justice, and Society program.
Bryan earned his law degree at Pepperdine University School of Law. He served on the Pepperdine Law Review, in which he was also published. Prior to Pepperdine, Bryan graduated from Lipscomb University with a degree in Mathematics. Bryan lives in Middle Tennessee with his wife and children, where he is an active church member, an avid Titans fan, and a competitive soccer player. He is a member of the Tennessee Association of Criminal Defense Lawyers, DUI Defense Lawyers Association, and Nashville Bar Association.
Andre Wharton, with The Wharton Law Firm, graduated with honors from Hampton University in 1999 with a Bachelors of Science Degree in Marketing. He then journeyed south to Chapel Hill, North Carolina, where he attended and finished law school at the University of North Carolina at Chapel Hill (UNC) in 2002. Prior to returning home to Memphis to join his family's Firm, André worked in Raleigh, North Carolina with the law firm of Yates, McClamb and Weyher, LLP. At Yates McClamb, André practiced in the area of civil defense litigation, primarily handling medical malpractice, nursing home and general insurance defense. During his tenure at Yates McClamb, André actively participated in several jury and judge trials. André joined the Wharton Law Firm in 2004.
André primarily focuses his law practice in the areas of criminal law (state and federal courts), personal injury, employment, municipal, and juvenile law. André also handles matters involving probate law (wills, conservatorships and guardianships), workers compensation, education law, and represents individuals and businesses in administrative matters, among other areas. André is married to Attorney Monica N. Wharton and they have two sons, Andrew and Arthur. The middle son of Attorney Ruby Wharton (Managing Partner of The Wharton Law Firm) and Mayor A C Wharton Jr., André Wharton has quickly embraced The Firm’s tradition of quality and integrity, and he regularly appears in criminal, civil, federal and juvenile courts of law.
André is licensed to practice in North Carolina and Tennessee and to appear before all courts in the state jurisdictions in Tennessee, United States District Court for the Western District of Tennessee and the Sixth Circuit of the United States District Court (Court of Appeals) which includes Tennessee.
|Lacy Wilber, spent 10 years at the Attorney General's Office in the Criminal Justice Division practicing as an appellate prosecutor. (2007-2017). She argued cases in front of the Tennessee Supreme Court and the Tennessee Court of Criminal Appeals. She is now working at the Administrative Office of the Courts where she is in charge of the Indigent Representation Fund, with a budget of $36 million a year. This fund provides an attorney to people who have been accused of a crime or who are in jeopardy of losing their children, juveniles who may be delinquent or unruly, and children who live in abusive households. The fund also provides funds for an attorney to hire investigators and experts such as psychiatrists and DNA experts.|
DAY 1 — Friday, November 30
Getting Paid: Appointment Orders and AOC Filings
8:00 a.m. to 8:45 a.m. (45 MINUTE)
Lacy Wilber, Assistant General Counsel, Tennessee Supreme Court
Ms. Wilber will discuss indigent representation in Tennessee and how to get paid by the Administrative Office of the Courts.
General Sessions Dockets
8:45 a.m. to 9:15 a.m. (30 MINUTE)
Aisha McWeay, Deputy Public Defender, Nashville Metro Public Defender's Office
Ms. McWeay will provide an overview of General Sessions court practice for effective representation of clients.
9:15 a.m. to 9:45 a.m. (30 MINUTE)
Mary-Kathryn Harcombe, Assistant Public Defender / Immigration Specialist,
Nashville Metro Public Defender's Office
This session will cover:
- Issues relating to foreign nationals in criminal cases
- How to adequately advise foreign nationals of the immigration risks in a case
- How to effectively negotiate a resolution to avoid or reduce the risk of immigration consequences
Fighting to stay in the USA: One immigrant’s struggle to the U.S. Supreme Court
9:45 a.m. to 10:45 a.m.
Patrick T. McNally, Weatherly McNally & Dixon, PLLC
This session will cover:
- Criminal law
- Immigration issues
- U.S. Supreme Court practice
10:45 a.m. to 11:00 a.m.
Ethical Client Management
11:00 a.m. to 12:00 p.m.
Bryan Stephenson, Law Office of Bryan Stephenson
This session will cover how to:
- Establish trust (and get hired)
- Manage client expectations
- Build trust
- Answer questions (ethically)
- When necessary, bring your client back to reality
LUNCH (included with registration)
12:00 p.m. to 1:00 p.m.
Suppression of Blood Alcohol Results, Horizontal Gaze Nystagmus Tests & Field Sobriety Tests
1:00 p.m. to 1:45 p.m. (45 MINUTE)
André Wharton, The Wharton Law Firm
Field sobriety tests have been used to develop probable cause for arrest and as evidence in court. In this session you will learn about suppression of blood alcohol results, the horizontal gaze Nystagmus tests and field sobriety tests. Mr. Wharton's session is timely in light of the recent Court of Criminal Appeals decision which held it unconstitutional for the Tennessee Bureau of Investigation to receive $250 for each DUI conviction obtained using a blood or breath test.
Criminal Legislative Law Update
1:45 p.m. to 2:45 p.m.
Ben Raybin, Raybin & Weissman P.C.
Mr. Raybin will review new criminal laws from the 2018 legislative session and offer insight on what’s ahead in the General Assembly for 2018 and beyond. Mr. Raybin will review relevant developments in the law, including:
- New criminal law statutes
- Amended criminal law statutes
- New rules of criminal procedure
- Bills that failed, but may come up again
2:45 p.m. to 3:00 p.m.
Preserving Appellate Issues at Trial – First Steps
3:00 p.m. to 4:00 p.m.
David Raybin, Raybin & Weissman P.C.
This session will cover:
- Rules regarding the admissibility of evidence
- Anticipating objections
- Special jury instructions regarding the admissibility of evidence
4:00 p.m. to 5:00 p.m.
Judge Mark Fishburn, Davidson County Criminal Court Judge
This session will cover:
- Selecting your motions
- Strategic timing
- Establishing grounds for granting suppression motions
- Unlawful search and seizure
- Involuntary confessions
- Unfair eyewitness identification procedure
- Overcoming exceptions to the Exclusionary Rule
- Procedural issues
- Local rules
Nashville School of Law
4013 Armory Oaks Dr.
Nashville, TN 37204
*Convenient access to 1-65 and 1-440
* FREE PARKING
* FREE WIRELESS INTERNET ACCESS
Need directions? CLICK HERE
- $377 for the full program
- $297 for additional attendees from the same firm
- $197 for materials
- $50 early bird discount expires October 19
7.5 hours of CLE (6.5 hours of GENERAL and 1 hour of DUAL)
Registration begins at 7:30 a.m. The conference begins at 8:00 a.m. and concludes at 5:00 p.m.
Lunch will be provided with registration!
To sponsor this event, please contact Olivia Al-Sadi at OAl-Sadi@blr.com.