By now, one would be hard pressed to find someone not just in the greater Nashville area or Tennessee but also around the country who isn’t at least somewhat familiar with the Vanderbilt University rape case. A jury of Brandon Vandenburg and Corey Batey’s peers found both former Vandy football players guilty of all charges. Much has been said by television pundits or simply people around the water-cooler at work as to these defendants’ actions and how one should go about defending the indefensible.

A criminal defendant’s right to legal representation is found in the Sixth Amendment of the United States Constitution, which requires the assistance of counsel for the accused in all criminal prosecutions. This means that a defendant has an inherent, constitutional right to be soundly represented by a capable attorney during trial. As such, this means Vandenburg and Batey had a right to good legal representation.

One of the first pieces of questionable counsel in this case is the fact that a key defense attorney representing Brandon Vandenburg was suspended from practicing law for failure to communicate with another client for 10 months and failure to file an appeal on that client’s behalf.

Then there is the question of why did this case even go to trial?  Did the defense attorneys exhaust all efforts to explain to their clients prior to trial that, with video and audio of the alleged crimes, it was probably in Vandenburg and Batey’s best interest to throw themselves at the mercy of the Court?

Next, after deciding to go to trial, many in the legal community remain perplexed at the ‘it’s the university culture of wild parties and binge drinking’ defense.

But the most telling look into the defense team’s questionable style happened after the convictions. Vandenburg’s attorney requested Davidson County District Attorney Glenn Funk’s office, and anyone who came into contact with the video of the crime that was leaked to the media (including the defense attorneys for Brandon Banks and JaBorian McKenzie), all make themselves available for a polygraph test.

Additionally post conviction, the decision to allow Corey Batey to sit down with Dr. Phil for a one-on-one interview without his attorney present on camera with him, was a profoundly perplexing decision. When someone who has been convicted but not yet sentenced agrees to such an interview, little to no real benefit is realized for the criminally charged. And, as expected, the Dr. Phil interview with Cory Batey turned out to be a calamity.

The allure of  allowing the media access in such a high profile case is understandably tempting for a criminal defense attorney but, in my opinion, ill advised. As a defendant or a person charged in a serious criminal offense, it’s imperative your attorney has uppermost in his or her actions the obligation to defend you above all else. Any and all outside influences should be minimized or not allowed at all.

If you have been charged with a serious criminal offense, you too have the right to an attorney at trial. However, in some instances, finding sound representation can be tricky. Donna Wagner has over a decade of experience as a criminal defense attorney and takes pride in her reputation of providing personalized, quality legal counsel to every client. Contact Donna today for a free consultation.

 

 

 

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“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.

From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.

Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.

Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.

This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.

Kate Wade

Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!

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Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!

Katrina Davis

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!

Maxine W.

I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.

Diana M.
Mt Juliet Law Firm
Mt. Juliet Attorney

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