Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
New lawyer or start over as I'm still having an increase of issues/surgeries?
answered on Jul 9, 2020
That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of... View More 
Was that I got sick with no insurance but I did go to my local clinic to get checked out..remind you this was the time when the covid-19 pandemic began...I was told not to return till I got a doctor's note to verify that I did not have covid-19. In which I did so from my local clinic.. Is it... View More
answered on Jul 3, 2020
With only the facts as stated in your question, I would "yes" for an appeal.
Her new mobile home on said property in 2010. This property has 2 separate lots for 2 separate homes with electric at both locations but only water for main dwelling. In 2011 I purchased a mobile home and placed it on my 2nd lot & negotiated the same terms for family that my dad set which was... View More
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answered on Jun 18, 2020
I assume you filed a Detainer Warrant, which the Defendant is appealing de novo to Circuit. With this he will need to post a Bond, which you need to argue the amount of. His paying taxes may allow him to claim it, but that number of years does not give him a presumption of ownership. Adverse... View More
My son was allegedly overdosed in Henderson County TN during 2013; however, the 911 call was made in another county. Since the body was in Carroll County when EMS responded, the body was taken to Carroll County at the nearest hospital. Investigation occurring simultaneously at the alleged location... View More
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answered on Jun 15, 2020
Very sorry for your loss. However most of what I assume might be potential defendants had their liability barred by the Statute of Limitations long ago. It would probably be a GTLA, and even the savings Statute does not apply. I see no basis for claiming a tolling of the SOL. Your attorney... View More
They are trying to settle out of court for 1100 dollars what steps should I take now
answered on Jun 12, 2020
I fail to see the difficulty. If the settlement offer is acceptable to you, then take it. If not, attend the settlement meeting and see what you can get that is more attractive to you...
Unless I'm missing something, your question does not have the details I would need to give a complete answer.
I have all the other necessary requirements: job, money, living situation, maturity, transportation, etc., but if my parents don't agree to emancipation, how do I justify that it is necessary for me to be emancipated? I know it is, but how is it objectively determined? In other words, when I... View More
answered on May 23, 2020
As a minor, you cannot file the petition yourself. You must have some adult or what is referred to as a "Next Friend" file it for you. It can be anyone familiar with your circumstances.
Are my rights?
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answered on Nov 29, 2019
I suspect you have an appeal de novo, not an appeal. Learn the Landlord Tenant Act and prepare witnesses for Court. Figure out what heresay is, and discern exactly what the Landlord says you breached. Know your Lease. Even if you win, Landlord will file another Detainer. If you really have an... View More
1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can... View More
answered on Sep 15, 2019
It would be impossible to say without having the complaint or charging documents available to read.
I am wondering if I could use an appeal to actually affect positive change in our drug laws in the state of tennessee, as could I make a good enough case for why basic access to medicine not controlled by the pharmaceutical industry is a human right, and therefore make the courts take a second look... View More
answered on Aug 25, 2019
Well if you plead guilty then you have only 10 days to withdraw your guilty plea. If you went to trial and lost then yes you can appeal that verdict but honestly it probably wouldn't change the precedent. I have handled several cases with the same reason but the law is the law. Talk to your... View More
And it was in a ditch off the road so I wrote my number and said I'll be right back in 2 windows I went to get straps and help to pull it out when I returned 20mins later the police was there said they were impounding it for an investigation couldn't tell me where or when or how to get it... View More
Is it legal. My kids are disabled. They are not giving them time to come in compliance nor the opportunity to come up to code although there are other properties as bad or worse. Would this be harrassment and what can I do?
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answered on Jul 29, 2019
It is not harassment. But you must hire a competent attorney to file a Writ of Certiorari in Chancery Court immediately to enjoin and declare the administrative action illegal. After reading the Codes, you might complain to the City or County Codes Office, but it will be futile. You must act... View More
answered on Jul 14, 2019
Ask your attorney to file an agreed order to add time credits.
Who will grant the writ if the Court of Appeals denied the motion against the plantiff/landlord attorney.. How can the trial attorney override the appeals court and obtain the writ against temant
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answered on Jun 19, 2019
If no Bond is filed by the appellant/tenant, and no stay is granted by the Appellate Court, then the Trial Court probably has a duty, and certainly the right, to issue the Writ of Possession upon being called upon to do so. The landlord might be sued for damages later if the tenant wins on... View More
Possession the court of appeals denied that motion so now the plantiff attorney is, telling me he will get a writ of possession against me because there is no motion for stay I would like to know if that's possible because the higher court overruled
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answered on Jun 17, 2019
Unless you posted a large Bond, a Writ of Possession is possible. If you ultimately win the Appeal, you can then sue for Damages for wrongful Detainer.
If the general public has reason and proof to believe that district attorney's offices/ law enforcement are being biased in their presentment of a case to a grand jury for indictment, what can be done?
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answered on May 21, 2019
Possibly nothing. But after Indictment the Defendant must defend against the charge. Improper Grand Jury proceedings might be argued at Pre Trial, Motion for New Trial or on Appeal. Without a clear Federal or State Constitutional violation that causes prejudice, no actionable error will arise.... View More
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answered on May 6, 2019
You definitely need a competent attorney to file such a complicated Petition (it is not an appeal). I am not sure that you have had enough time since the entry of your HMO status. Insurance will also be necessary. I am impressed that you are actually trying to get your TNDL back.
Inmates name is Tiffany Taylor dob 09-22-1980
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answered on Apr 23, 2019
Not sure of your question. But start by figuring out what County or Federal District the Defendant is before. Then hire a competent attorney in that County/District to at least look into the matter, and possibly represent her.
Does the 30 days start when the judge signs the order or when it get in the clerks office, judge held on to the order for 18 days giving very little time to appeal
answered on Jun 18, 2018
You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.
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
answered on Jun 6, 2018
The Michigan Court of Appeals has no authority to control the law in Tennessee.
8 times by same officer. Never found anything, always cuffs me to bumper of his car takes my shoes.
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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 ,... View More
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