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Tennessee Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: Does 1993 sentence calculation apply for 1993 offense in Tennessee?

I am helping my friend, who was sentenced to life without parole in Tennessee for an offense committed in 1993. We are currently going through an appeals process and need clarification on sentence calculation laws. Specifically, we want to understand if the sentence calculation should be based on... View More

0 Answers | Asked in Appeals / Appellate Law and Juvenile Law for Tennessee on
Q: What to do if judge dismisses motion in dependency and neglect case with no reason?

What can I do if a judge dismissed a motion to reopen a dependency and neglect case, despite clear and convincing evidence of neglect presented by the Tennessee Department of Children Services, and also failed to allow the children's grandmother (a witness) to be heard during the hearing? The... View More

0 Answers | Asked in Education Law and Appeals / Appellate Law for Tennessee on
Q: Can we appeal a school suspension affecting honors due to a corrected mistake?

My high school child received a one-day in-school suspension for making a false statement during a school trip, which was corrected the same day and did not lead to any rule violation, benefit, or harm. Despite showing remorse and having an impeccable record, this consequence affected their... View More

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: Does drug influence affect statements' admissibility in Tennessee?

I have a relative who has been convicted and sentenced to life imprisonment at the age of 59. During the incident involving his case, it was admitted that individuals were under the influence of drugs like crack cocaine, heroin, and marijuana. We are working on an appeal concerning this evidence.... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 14, 2025

It can under certain circumstances.

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1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Tennessee on
Q: Attorney cashed appeal bond refund check and charged $9,000 without notice. Is this legal?

I won a judgment case after posting an appeal bond. My attorney cashed the check for the bond refund without my knowledge and sent me a $9,000 bill for the same case. We didn't have a written agreement about handling the bond. When I confronted him, he claimed he paid the bond himself, but I... View More

James L. Arrasmith
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answered on Apr 13, 2025

It is not legal for your attorney to cash the appeal bond refund check without your knowledge or consent, especially if you were the one who provided the bond money. Attorneys are required to act in their clients' best interests, and handling funds in this way could be considered a breach of... View More

1 Answer | Asked in Employment Law, Public Benefits and Appeals / Appellate Law for Tennessee on
Q: Can I appeal unemployment overpayment claim after being fired, not quitting?

I was fired from a temp agency on November 12, 2024, and applied for unemployment benefits within a week. I received my first unemployment check on November 23, but later they claimed I quit and now say I owe the money back. I was fired via phone call without any paperwork, though I did text a... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you were fired and the unemployment agency is claiming you quit, you can still take steps to challenge the overpayment claim. Since you missed the hearing, the first thing you should do is contact the unemployment office and explain the situation, especially the issue with missed mail and not... View More

2 Answers | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law for Tennessee on
Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More

Anthony M. Avery
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answered on Feb 27, 2025

If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More

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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: If someone has been convicted of aggravated robbery and sentence to 10 yrs in Tennessee

And went through appeals but was denied, is there anyway to be released in 1 to 3 years

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jan 15, 2025

I don't understand the question.

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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Tennessee on
Q: My son was taken because of failed drug test his dad passed but I failed no drugs was present no abuse just allegations

No abuse no drugs allegations made by neighbor who was trying to intermediate me into telling where his wife was all documented even a police report to prove this only I failed drug test father did not no drugs in home and wasn't under influence at the time. 22 days after son was removed he... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm really sorry you're going through this difficult situation. It sounds incredibly stressful to deal with false allegations and the impact it's having on your family.

You might consider reaching out to a family law attorney who can help navigate the legal challenges...
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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Vacated sentence remanded Sentence. Will Defendant b rreleased from incarceration in ga?

Defendents in GDC an court of appeals vacated an remended sentence back to lower court does that allow for defendant to be released?

Anthony M. Avery
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answered on Nov 26, 2024

Post this under GA Criminal.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: What if I know who actually did this crime

I know of the killer his girlfriend brags. His name is Christopher Alan Beecher. He got his moneybag tattoo covered

Anthony M. Avery
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answered on Oct 23, 2024

This is a public forum. Report your knowledge of a crime to law enforcement. Otherwise keep quiet.

2 Answers | Asked in Appeals / Appellate Law, Civil Rights and Criminal Law for Tennessee on
Q: Should I rescind my guilty plea or appeal or something else? Was my civil rights violated w immediate bond revocation?

I was pulled over in Overton and arrested for violating bond conditions. A bond of $5000 was set, and paid. I should have been released. But, immediately after making the bond, the judge revoked the bond and held me. At the time, I had a capias in Sevierville, TN (which was for the original charge... View More

Anthony M. Avery
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answered on Sep 29, 2024

It is almost impossible to set aside a guilty plea. There are both direct and collateral attacks. Both are time sensitive, expensive and doubtful. Both you and your attorney did not know what was going on, which are not good reasons. Post Conviction Ineffective Assistance of Counsel might... View More

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1 Answer | Asked in Contracts, Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I (plaintiff) lost in GS (Maury) 5/6. I have proof that def lied on stand thus she won. How to submit proof and overturn

I brought a complaint against a woman who sold me a home with a known latent material defect (roof). She lied on the Purchase Agreement saying no known defect. We had tons of evidence, but she simply lied on the stand and convinced the judge that she was innocent. I was pre se, which was a mistake.... View More

Anthony M. Avery
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answered on May 8, 2024

Hire a competent attorney to file an Appeal De Novo to Circuit Court. That is a new trial. You only have a few days to file it, so hire an attorney tomorrow. You should have never filed such a case pro se.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: In TN can you withdraw guilty plea and or appeal conviction. Based on inadequate counseling and threaten by said counsil
Anthony M. Avery
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answered on May 6, 2024

You can file a Post Conviction Petition for ineffective assistance of counsel. SOL is a year.

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Small Claims for Tennessee on
Q: Do I need a lawyer in circuit court appeal of a general sessions judgement.

A general sessions judge allowed the defendant to claim that they did work for me (completely voluntary) and allowed it to be credited against a simple and concrete claim for damage done to my vehicle. I was not allowed to present evidence and did not receive any copies/notice/countersuit of what... View More

Anthony M. Avery
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answered on Feb 19, 2024

It sounds like you need an attorney to represent you. If the other side gets a judgment against you, they are going to try to collect it. You can probably get away with filing a Counter Claim for the property tort damages on your Appeal De Novo.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: I was served a 10 day writ of possession by sherrif to vacate property, can I appeal this. I did not appeal judgement?
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answered on Jan 26, 2024

No. Appeal or Certiorari of the Judgment are the only procedures available.

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Tennessee on
Q: Can you file a motion for pendente lite relief in the court of Appeals in TN while you are appealing your divorce?

The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.

Anthony M. Avery
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answered on Jan 8, 2024

No and the denial of alimony is one of your issues on appeal. Your lawyer needs to get busy drafting the appellate brief.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: When does interest start if a judgement was appealed but upheald? How Is interest calculated

Tennessee, Overton county 2019-CV-49

M2021-00766-COA-R3-CV Upheald Date of Decision 09/30/2022

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answered on Jan 4, 2024

Post Judgment Interest if ordered starts from the date of Judgment. And it was not tolled by the appeal. Call the Court Clerks to see how it will be computed. But collecting a Judgment is another matter. Hire a TN attorney to get paid.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Medical Malpractice for Tennessee on
Q: I have an insane civil rights violation. Failure to provide medical assistance to someone dieing and so much more.

Can I sue them for medical negligence due to the fact they admit and sign that he is not doing good. He had double pneumonia in both lunches and asperated. They lied to me for 3v whole days and said he was fine. They discharged him to the ER unconscious. Although he isn't allowed a furlough bc... View More

James L. Arrasmith
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answered on Dec 30, 2023

I'm sorry to hear about the situation you're facing. It sounds like you have grounds to consider a lawsuit for medical negligence, especially if there is an admission of the person not doing well and evidence of inadequate medical care leading to serious health consequences.

In...
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Q: Is a court order valid from a substitute judge if the consent form was not signed by all parties

The father of my children had filed a petition and had a court hearing which granted him emergency temporary custody of my children but the case was heard in front of a substitute judge and I did not find out about any of this information until 3 days after the court hearing was held and approved.... View More

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answered on Oct 20, 2023

It will be enforced unless you request a rehearing quick. Even then you will probably have to file your response to the original petition and go to the actual hearing on the merits.

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