The Law Office of Daniel A. Horwitz, Esq.

Innocence and Post-Conviction Litigation

1.  State of Tennessee v. Joseph D. Webster—Davidson County Criminal Court (won)

Selected Case Documents:

*Order Granting Petition for Writ of Error Coram Nobis Vacating Conviction

District Attorney’s Notice of Intent to Vacate

Petitioner’s Motion to Reopen Post-Conviction Petition and Petition to Issue Writ of Error Coram Nobis

District Attorney’s Response

Selected Media Coverage:

-USA Today: ‘Oh, it’s been so long’: Mother collapses with joy after wrongfully convicted son freed

-The Tennessean: Judge overturns murder conviction of Nashville man serving life in prison in 1998 case

-The Tennessean: Nashville DA’s office moves to overturn conviction of man serving life for 1998 murder

-New York Times: Imprisoned Nearly 15 Years, but Now Cleared of a Murder He Didn’t Commit

-NBC: Tennessee man freed after nearly 15 years in prison for wrongful murder conviction

-CNN: Tennessee man exonerated after serving 15 years for a murder he didn’t commit

-The Tennessean: Nashville judge hears arguments for dropping charges against Joseph Webster

-The Tennessean: ‘The conviction is wrongful’: Attorney discusses Nashville man’s life sentence case

-The Nashville Scene: DA’s Office Seeks Release for Nashville Man Convicted of 1998 Murder

-NPR-WPLN: Nashville District Attorney Agrees To Review Conviction In 1998 Murder Case

-NPR-WPLN: Investigation: After Pledging To Examine Innocence Claims, Nashville DA Has Yet To Open A Case

New York Post: Tennessee man walks free after 1998 murder conviction is overturned

-People: Tennessee Man, 41, Exonerated After Judge Overturns 1998 Murder Conviction

-Channel 5: Joseph Webster adjusting to freedom after judge dismisses murder conviction

-Channel 4: Joseph Webster reunites with family after judge vacates murder conviction 14 years into prison sentence

-Fox 17: Nashville man imprisoned for murder for almost 15 years may walk free

-Fox 17: FERRIER FILES: Nashville murder conviction investigation to be reopened

-Fox 17: FERRIER FILES: Is Nashville man serving a life sentence innocent?

-Fox 17: FERRIER FILES: Imprisoned man’s DNA not on murder weapon

-Channel 5: Wrongful conviction requests are getting a second look

-The Tennessean: District attorney redesigns ‘burdensome’ process of searching for wrongful convictions

2.  Calvin Eugene Bryant, Jr. v. State of Tennessee—Davidson County Criminal Court (won)

Selected Case Documents:

Calvin Bryant Clemency Petition

Calvin Bryant Verified Petition for Sentencing Relief

Appendix

Petitioner’s Supplemental Memorandum in Support of Jurisdiction

Record Designations and Issues to Be Presented on Appeal

Calvin Bryant Principal Brief

Selected Media Coverage:

–The Tennessean: Sentenced to 17 years for low-level drug charge, Nashville man gets freedom thanks to deal with prosecutors

–Patch:  Nashville Case Highlights Drug-Free School Zone Reform Efforts

–Reason: How a Drug-Free School Zone Sent a Tennessee College Student to Prison For 17 Years

–Reason: Calvin Bryant Was Serving a Draconian Mandatory Minimum Sentence. Now He’s Free

–Nashville Scene:  Council Members Petition Judge Over Drug-Free School Zone Case

–The Tennessean:  He got 17 years for selling drugs near school. Now 12 Nashville officials are fighting on his behalf

–ScotBlog: Eighth Amendment Challenge Filed Against Tennessee’s “Drug Free School Zone” Law

–Families Against Mandatory Minimums: Calvin Bryant: 17 Years for a First Offense

3.  Stokes v. State—Tennessee Court of Criminal Appeals (won reversal of dismissal of coram nobis petition)

Selected Case Documents:

*Opinion of the Tennessee Court of Criminal Appeals Reversing Dismissal

Principal Brief of Defendant-Appellant

Reply Brief of Defendant-Appellant

4.  Lehmann v. Wilson—Tennessee Court of Appeals (won reversal of contempt convictions in Tennessee Court of Appeals)

Selected Case Documents:

*Opinion of Tennessee Court of Appeals Reversing Convictions

Principal Brief of Defendant-Appellant

Reply Brief of Defendant-Appellant

Oral Argument