Firm News

Update on Recent Jury Trial

February 15, 2018 by admin@anioncreative.com

This past week, I completed my third jury trial in the last two years. It was also the first of those three trials in which I represented the defendant. The result avoided approximately $300,000 in additional liability, along with potential punitive damages exceeding $1 million. In my previous two plaintiff jury trials, the verdicts exceeded the defendants’ highest settlement offers by more than $150,000.

Bicycle parked in an outdoor urban setting

Past results do not guarantee or predict the outcome of any future case. Every matter depends on its own facts, evidence, applicable law, and circumstances. These experiences do, however, reinforce an important point: accepting the quickest settlement is not always the right decision.

When choosing an attorney for a case that may involve significant negotiations or litigation, consider the attorney’s actual trial experience. Ask whether the lawyer is prepared to take a case before a jury when settlement does not adequately address the facts and legal issues involved. A prompt settlement may be appropriate in some cases, while others may justify further negotiation or proceeding to trial.

Every decision about settlement or trial involves risk. That risk should be evaluated carefully by considering the strength of the evidence, potential recovery or exposure, litigation costs, uncertainty at trial, and the client’s individual goals. An attorney with meaningful trial experience can explain those considerations and provide advice based on the circumstances of the particular case.

Spartan Alliance and Inman, Stadler & Hill Veterans’ bike giveaway

November 28, 2017 by admin@anioncreative.com

IInman, Stadler & Hill is proud to have partnered with the Spartan Alliance in its efforts to support veterans and the broader Veteran community.

The Spartan Alliance is an all-volunteer nonprofit initiative of Independence Corps dedicated to supporting injured and ill veterans and their families. Its work has also included efforts focused on Veteran suicide prevention, community support, and helping veterans regain mobility and independence.

Through this collaborative effort, Inman, Stadler & Hill assisted in selecting five veterans to receive bicycles. The bicycles provided the recipients with another option for mobility, recreation, and physical activity while supporting the Spartan Alliance’s broader mission of helping veterans maintain active and connected lives.

The attorneys and staff at Inman, Stadler & Hill are proud to support initiatives designed to improve the lives of veterans and contribute to Veteran suicide-prevention efforts. The most recent Department of Veterans Affairs data reported 6,398 Veteran suicide deaths in 2023, or an average of approximately 17.5 per day, underscoring the continuing importance of prevention, connection, and community support.

Practice Points concerning Preliminary Hearings

October 4, 2017 by admin@anioncreative.com

Many Tennessee criminal cases begin in General Sessions Court, although some prosecutions may begin through an indictment or presentment by a grand jury. For a defendant who is arrested or served with a criminal summons before indictment or presentment, a preliminary hearing can be an important stage of the case.

Recently, I represented a client in General Sessions Court and discussed the State’s offer to resolve the charge. My client initially believed it might be easier to plead guilty and simply put the matter in the past. After reviewing the case again, I asked whether the client wanted to plead guilty because the client believed the charge was actually true. The answer was no—the client simply did not want to continue dealing with the case.

For that reason, I advised against entering a guilty plea simply to end the process, and we proceeded with a preliminary hearing. The ultimate decision whether to enter a plea belongs to the client after consultation with counsel.

A preliminary hearing is not a trial. Its primary purpose is to determine whether there is sufficient evidence that an offense was committed and probable cause to believe the defendant committed it. Probable cause is a substantially lower standard than proof beyond a reasonable doubt, but it requires more than mere suspicion. If probable cause is found, the case is generally bound over to the grand jury. That determination does not mean the defendant has been found guilty.

If probable cause is not established, the General Sessions judge may discharge the defendant at that stage. Even then, Tennessee law permits the State to pursue a subsequent prosecution for the same alleged offense.

Another important feature of a preliminary hearing is the opportunity to hear and test portions of the State’s evidence. The State must present sufficient evidence to establish probable cause, although it is not required to call every witness or present its entire case. A defendant has the right to cross-examine witnesses called against him or her and may also present evidence within the scope permitted by the court.

The preliminary hearing is also preserved by electronic recording or its equivalent. If the defendant is later indicted, that recording can be made available to the defense. The testimony given at the hearing can therefore become important when evaluating the State’s evidence and preparing the defense as the case moves forward.

Whether to exercise or waive the right to a preliminary hearing can involve important strategic considerations. A defendant should not enter a plea simply because the criminal process is stressful or inconvenient without first understanding the consequences and discussing the available options with counsel.

The following are examples of results from prior cases I handled. They are not guarantees or predictions of the result in any other case. Every criminal matter depends on its own facts, evidence, charges, and procedural history.

A. One client was charged with a second-offense DUI, which carries a mandatory minimum period of incarceration upon conviction under Tennessee law. After the preliminary hearing, the grand jury returned a no true bill.

B. Another client was charged with robbery, a Class C felony, and Class D felony theft as charged in that case. After the preliminary hearing, the prosecutor asked the grand jury to return a no true bill.

C. In another case, a client was accused of robbery. Following the preliminary hearing, the case was ultimately resolved with a plea to misdemeanor theft and an 11-month-and-29-day probationary sentence.

Professionals meeting in an office after discussing an agreement

I have also obtained a dismissal from a General Sessions judge following a preliminary hearing. In that case, the State’s witness testified about an argument on Facebook and then claimed that someone must have hacked her account and made threats under her name during the same period in which she was communicating with the defendants.

That result, like the examples above, depended on the particular evidence and circumstances of that case.

A preliminary hearing can be an important stage of a Tennessee criminal case. Whether to proceed with or waive the hearing should be decided only after considering the facts, the State’s evidence, the potential benefits and risks, and the advice of counsel.

Written by: J. Christian Stadler, III

Julia Barbara Zombie Run

September 13, 2017 by admin@anioncreative.com

From left to right: Elizabeth Psar, J. Christian Stadler, III, Michael Inman, Tony Hill, and Lauren Phillips-Stadler.

Julia Barbara’s Zombie Run, September 2017

I used to tell people, “The only time you see me running is when the jerk driving the ice cream truck is refusing to hit the brake…” In reality, I have had an on-again, off-again relationship with running since college. Thanks to encouragement from my wife, I participated in five half marathons in 2017—which was five more than I had completed before that year. The Julia Barbara Zombie Run gave me another reason to get out on the greenway.

On September 9, 2017, the Julia Barbara Foundation held its first 8K Zombie Race. The Julia Barbara Foundation is a charitable organization created in honor of Julia Barbara and dedicated to raising awareness and supporting research involving diffuse intrinsic pontine glioma (DIPG), a rare and aggressive brain tumor that develops in the pons, part of the brain stem: http://www.juliabarbaradipg.org/.

Julia Barbara was the daughter of our friends, Elizabeth and Rado Psar. Julia passed away in the spring of 2016 from DIPG. Since then, her parents and brother have worked to increase awareness of the disease and support efforts to improve treatment for children diagnosed with it. DIPG has an extremely poor prognosis, and most children diagnosed with it do not survive more than two years.

The zombie theme was chosen because “zombies like brains,” tying the race to the foundation’s mission of fighting a devastating pediatric brain tumor. Those who completed the run received a zombie medal, and our zombies now greet visitors who come into our office.

Scales of justice and a wooden gavel on a table

Inman, Stadler & Hill was proud to participate in the race and provide drinks and food to the runners. Michael, despite not having donned running shoes in a number of years, finished an impressive second in his age group in the 8K, and I was pleased to finish ninth.

Most importantly, the event gave our firm an opportunity to support the Julia Barbara Foundation, remember Julia, and help draw attention to a disease that continues to affect children and their families.

Written by: J. Christian Stadler, III

Knox County’s Wrongful Application of the Tennessee Burglary Statute

September 7, 2017 by admin@anioncreative.com

The Knox County District Attorney General’s office started charging individuals with the crime of burglary, a D Felony offense, in mid-2016, purportedly as a means to crack down on repeat shoplifters. The theory goes that when a person enters a building (other than habitation), without the effective consent of the owner, and with the intent to commit (or actually commits) a felony, theft, or assault, then that person commits a burglary under T.C.A. 39-14-402(a)(3).
This theory was put in to practice by using stores’ “No Trespass” lists. Stores have the absolute right to tell an individual that they are not allowed back on to the stores’ (respective) property – usually because that individual was attempting to shoplift. In effect, the store has then expressly withdrawn its “consent” for a person to enter its building. The building, not being someone’s home, qualifies as “other than habitation.” The logical conclusion then is that when a person enters the store and shoplifts (or attempts to do so), then that person has committed a burglary under T.C.A. 39-14-402(a)(3).
A case out of Putnam County has now gone through the Court of Criminal Appeals – State of Tennessee v. Danielle Chandria Jensen. No. M2016-01553-CCA-R10-CD addressing this subject. It is important to note that this appellate case did not over turn a conviction; it upheld the trial court’s dismissal of the charge on the basis of prosecutorial vindictiveness. However, the appellate court judge noted that absent prosecutorial vindictiveness, charging individuals with burglary of a business while it is open to the public is a violation of due process:

“The legislative history strongly implies that subsection (a)(3) of Tennessee’s burglary statute was never intended to cover buildings open to the public, like Wal-Mart. By charging individuals with burglary, a Class D felony, when they should only be prosecuted for misdemeanor theft or shoplifting, prosecutors are abusing their charging discretion by unilaterally and unreasonably expanding the reach of the burglary statute. While the maximum sentence for a misdemeanor theft or shoplifting conviction is eleven months and twenty-nine days in the local jail, even for a repeat offender, the sentence range for a person convicted of burglary is two to twelve years in prison. See T.C.A. §§ 39-14-103, -105, -146, -402; XX-XX-XXX(b)(4), (e)(1). Our review of the legislative history of the burglary statute shows that charging of burglary in these instances is unreasonable, unjust, and violative of due process. For all of these reasons, we affirm the trial court’s dismissal of the burglary charge in this case.”

Legal professionals reviewing documents together in an office

If you have been charged with burglary of a business – Wal-Mart, Kroger, Target, etc. etc. – that was open to the public at the time of the alleged offense, my advice is to take it to trial. It is not often that the court of appeals would use such strong language, as like that cited above, in a unanimous decision. Additionally, if one pleads guilty in a scenario such as these, the individual may not be able to enjoy relief if convictions are later overturned by the courts – thus the necessity of a trial, in my view.

http://www.knoxnews.com/story/news/crime/2017/09/05/tennessee-walmart-shoplifters-burglars/621518001/?cookies=&from=global

I will argue this issue before Judge Steve Sword on Friday, September 8, 2017.

Written by: J. Christian Stadler, III

Wills for Warriors Project

September 3, 2017 by admin@anioncreative.com

Inman, Stadler & Hill was proud to sponsor and volunteer at the Wills for Warriors pro bono event hosted by Lincoln Memorial University’s Duncan School of Law. Organized by the LMU Law Veterans Law Society, the event helped provide veterans and their spouses with access to estate-planning assistance at no cost.

On August 26, 2017, LMU Law students, alumni, faculty, and attorneys from Inman, Stadler & Hill worked together to prepare wills and other estate-planning documents for current and former members of the U.S. Armed Forces and their spouses.

The event was a tremendous success, with volunteers completing more than 30 wills for veterans.

We would like to express our sincere appreciation to the student volunteers, the LMU Law Veterans Law Society, Professor Bruce Beverly of LMU Law, the alumni volunteers, and everyone else who contributed to the event. Inman, Stadler & Hill was honored to have been included in an effort that provided valuable legal assistance to members of the Veteran community.

In the front row, from left to right, are J. Christian Stadler, Michael Inman, Jake Ankrom, and Michael Caldwell. In the back row, from left to right, are Professor Bruce Beverly, Shane Partaine, and Tony Hill.

American flags displayed on a green lawn

A Civil Matter: A Guide to Civil Procedure and Litigation

October 3, 2016 by admin@anioncreative.com

One of the more unexpected honors of my legal career came when my first federal jury trial became the basis for a casebook on civil procedure and litigation.

A Civil Matter: A Guide to Civil Procedure and Litigation, written by George W. Kuney and Donna C. Looper, follows the federal civil case through the litigation process and uses the actual case to help explain how civil procedure works in practice. The book gives readers a practical look at litigation from the early stages of a lawsuit through discovery, motion practice, and trial.

The recognition is especially meaningful to me because I tried the case alongside my friend and fellow attorney Robert J. English, whom we knew as Bob. Bob has since passed away, and the book has become more than a reminder of that first federal jury trial. Every time I see it, I think about Bob’s role in the case, what I learned from working with him, and the importance of passing that knowledge and experience on to others.

For law students and practicing attorneys, A Civil Matter connects procedural rules with the decisions, documents, and challenges that arise during an actual federal civil case. I am grateful to George W. Kuney and Donna C. Looper for using the case as a teaching tool and for giving me an opportunity to be part of a resource that can help others better understand the federal civil litigation process.

I recommend the book to attorneys looking for a refresher on civil procedure as well as to law students and lawyers who want a practical introduction to federal civil litigation.