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Tennessee Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: Did the court of appeals rule that sex offenders rules of community supervision change

My brother is in Tn and is trying to transfer to AZ. However we have heard that the Michigan court of appeals have ruled that the conditions in Tn are unconstitutional , is there any merit to this

Bennett James Wills
Bennett James Wills
answered on Jun 6, 2018

The Michigan Court of Appeals has no authority to control the law in Tennessee.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Need a change of Venue form for Tennessee, and how to file a harrassment

8 times by same officer. Never found anything, always cuffs me to bumper of his car takes my shoes.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 25, 2018

I would put together any paperwork or charges that resulted from these apprehensions. Then seek out a competent Civil Rights Attorney. Without an Arrest, your case for Damages is not good, but it does make it more likely you will win a Government Tort Liability Act suit. After filing suit ,... Read more »

2 Answers | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Legal Malpractice for Tennessee on
Q: I'm looking for case law involving a motion to vacate due to attorney fraud. The lawyer in question plead guilty.

The attorney forged documents stating he was conducting actions on behalf of client, later it was discovered he was doing nothing, on which he plead guilty (he did the same to many others).

The client was defaulted and then never granted appeal do to the inactions of said attorney. The... Read more »

Bennett James Wills
Bennett James Wills
answered on Apr 5, 2018

Tennessee rule of civil procedure 60.02.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: If one is convicted of a serious crime under a P/D Do they have the right to appeal with a different attorney

If one is convicted of a serious crime (Nashville TN- Murder 1) while being defended by a public defender, Do they have the right to fire the P/D and pursue appeal under different legal council?

Bennett James Wills
Bennett James Wills
answered on Jan 22, 2018

Yes. The defendant may hire private counsel for the appeal.

1 Answer | Asked in Appeals / Appellate Law and Contracts for Tennessee on
Q: I am trying to figure out how to appeal a trial court in general sessions to circuit court

The court was in mcnairy county tn and was about money owed to me for work i completed i didnt get as much as i feel i should have

Gregory Edward Glass
Gregory Edward Glass
answered on Apr 26, 2017

You may file an appeal from General Sessions Court to Circuit Court as long as the appeal is filed within ten (10) days of the entry of the judgment or disposition of the case.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: If I was wrongly given an order of denial, is it possible to appeal the order and have it dismissed?
Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

If you are within the applicable appeal period then you could note an appeal. Consult counsel asap to determine your rights on appeal and to evaluate your case.

1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Collections for Tennessee on
Q: How does a defendant recoup damages for wrongful FED? How does defendant recovery Plaintiff's bond amount paid?

I won a FED on appeal. I am the defendant. I am attempting to find out where and how much the Plaintiff's bond is and where or to whom was it paid. No one seems to know. We were wrongfully evicted and now no one including, the General Sessions and Circuit Court Clerks can tell me how or... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 19, 2017

I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.

If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a...
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1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Tennessee on
Q: Should I attempt to fight a careless driving case where i think i should have gotten a warning?

I turned into a road thay was apparently closed. When i turned i saw the police car im the street but it was off so i made the left turn and passed it real slow. He let me pass him before he pulled me over. I believe i was driving carefully.

Bennett James Wills
Bennett James Wills
answered on Oct 13, 2016

You certainly have a right to defend your citation. Consult with counsel.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: We are appealing a general sessions ruling in Circuit court. What do we need to do once the paperwork is filed
Israel Piedra
Israel Piedra
answered on Jun 6, 2016

It depends what "paperwork" you are referring to. Call the clerk at the courthouse; they are usually very helpful to pro se litigants.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: AM I able to appeal a jury verdict for failure of the DFs to provide evidence during discovery
Robert Jason De Groot
Robert Jason De Groot
answered on Nov 11, 2015

I do not understand this question at all.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: Child custody

Can grandparents get temporary custody with no proof of the allegations? And is it ok for this decision to be made by a judge who has been a close family friend for over twenty yrs? Is there a way to appeal a decsion made on these terms?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 9, 2015

There might have been appealable issues back then.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Tennessee on
Q: If the 30th day a person has to file an appeal for a divorce in Tennessee falls on a weekend does that matter?

The 30th day after my divorce was final is on a Sunday. That mean if the appeal is not filed by Friday then the time is up right?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 1, 2015

Perhaps not. Read the appellate rules in your state. The deadline may well be monday.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: Mother has full custody of 9 yr old. Father remarried and mom is not letting dad see the daughter. How do I appeal?
Kimberly K. Schreiber
Kimberly K. Schreiber
answered on Apr 30, 2014

Do you have a Permanent Parenting Plan? If so, you can file a Petition for Contempt if she is not letting you see the child. Please remember to keep paying your child support even when you are not seeing the child as that is a separate matter.

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