Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Probate for Tennessee on
Q: How to address concealed evidence in a probate appeal due to attorney misconduct in TN?

I am involved in a probate case where the most important evidence was deliberately concealed from the court by my own attorney, resulting in an unfavorable ruling. I have strong proof of this concealment, including several pages of requested documents and over 80 canceled checks. I have already... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2025

There is no way to ensure that the evidence is brought out. But you can (and should have already done so) put the evidence and witnesses together. Why did you not complain before and during the hearing? If you have the evidence or alot of it, you should have filed a Rule 59 Motion first.... View More

View More Answers

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, Gov & Administrative Law and Traffic Tickets for Tennessee on
Q: How to appeal a driver's license suspension in Tennessee without prior notice?

My driver's license was suspended in Tennessee without a court hearing because my granddaughter got into an accident with my car two or three years ago. She drove the vehicle without my permission. I only discovered the suspension when I was pulled over for a headlight out. No damages or... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2025

Hire a competent TN attorney to get an administrative hearing with the DOS. This will not be simple or cheap. You may have to pay for the other driver's alleged damages and get a release. When the wreck occurred, you were supposed to report it to DOS. If you had insurance at the time... View More

2 Answers | Asked in Appeals / Appellate Law, Arbitration / Mediation Law, Divorce and Family Law for Tennessee on
Q: Can job loss affect a nonmodifiable divorce decree?

Can being fired for a no-call, no-show incident—after multiple verbal warnings—impact my permanent, nonmodifiable final divorce and alimony decree that was agreed upon in mediation and signed in court over a year ago? In court, both parties confirmed their agreement without duress or coercion.... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 10, 2025

Yes... any divorce decree might be modified with the right motion based on the right grounds.

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: What are my next steps in criminal procedure if charged with home improvement fraud courts are reviewing for constitutionality?

I've been charged with home improvement fraud for failure to refund, but the appellate courts in Knoxville are reviewing this charge for constitutionality. Over the past 3.5 years, I've spent 1 year in jail, 3 years on an ankle monitor, and bonded out multiple times at my own expense.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2025

If the appellate courts in Knoxville are reviewing the constitutionality of the home improvement fraud statute, your next steps depend on the status of your case and how that review may affect it. Since your case is still pending and you have not been convicted, it’s important to ensure that your... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Tennessee on
Q: What should I do if appellate court ruled my charge unconstitutional but I'm still facing criminal charges in TN?

I am currently charged criminally with failure to refund home improvement fraud in Tennessee. The appellate court in Knoxville has ruled that the charge is unconstitutional, but I have not received any official documentation regarding this decision. I have pending court dates, but my current... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2025

If the Tennessee appellate court has ruled that the statute you were charged under is unconstitutional, that decision could directly affect your case and possibly lead to dismissal of the charges. The first step you should take is to obtain a certified copy of the appellate court’s ruling. You... View More

1 Answer | Asked in Gov & Administrative Law, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: How to address a miscalculated sentence release date in Tennessee?

An inmate was initially given a release date, which was later revised to a date one month afterwards. Subsequently, we received a letter stating there was a mistake in calculating the sentence, resulting in an additional four years being added. The inmate has already served over five years. Upon... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2025

A sudden four‑year extension after years served is jarring, but you can force a clear, documented review. Demand, in writing, the complete TOMIS sentence‑calculation worksheet, the credit ledger (pretrial, program, good‑time, and behavioral credits), and any signed Uniform Judgment Document... View More

2 Answers | Asked in Appeals / Appellate Law and Collections for Tennessee on
Q: Judge ruled for debt collector. Planning to appeal. How to proceed?

I was sued by a debt collector, and the judge ruled in their favor, including court costs and attorney's fees, without receiving an official statement of debt—just a spreadsheet. I am planning to appeal the decision. What should be my next course of action, and how can I challenge the... View More

Scott McKenzie Stevens
Scott McKenzie Stevens
answered on Oct 10, 2025

Typically a Notice of Appeal would need to be filed within 30 days of the entry of the Order being appealed.

Scott M. Stevens

View More Answers

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: How can I appeal a paraphernalia charge probation in TN?

I recently faced charges for theft under $60k, contraband in a penal institution, and paraphernalia. The theft and contraband charges were dropped since the prosecuting party didn't show up to court. However, the paraphernalia charge remained because the arresting officer testified about... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

If you pled guilty to the VOP then you gave up your right of appeal. An ineffective assistance of counsel petition may be your only avenue to attack the conviction. Consult with a real attorney about what to do.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Civil Litigation for Tennessee on
Q: Is a judge's order for 5 years at 100% void if TDOC can't apply it?

On February 29, 2024, my brother was sentenced by a Tennessee trial court to 5 years at 100% under T.C.A. § 40-35-501(cc), but the Tennessee Department of Correction (TDOC) does not have a code to apply 100%. As a result, they have been unable to provide him with sentence expiration date... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2025

What you are describing is a very unusual situation, because a sentence of “5 years at 100%” has to be supported by a specific statute that authorizes 100% service. In Tennessee, T.C.A. § 40-35-501 does list certain offenses where release eligibility is eliminated or nearly eliminated, but... View More

2 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Appeals / Appellate Law for Tennessee on
Q: Can a permanent resident be deported for DUI and vehicular homicide convictions?

I am a permanent resident since 2017 and was convicted of DUI and vehicular homicide. I am currently in prison and have not taken any actions for an appeal, nor do I have any pending immigration proceedings. I have no past criminal convictions. I consulted an immigration attorney who mentioned that... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Oct 2, 2025

I understand that you are a permanent resident; however, are you truly legal in this country? In the criminal courts where I practice, you are subject to an ICE hold with your charges.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law, Civil Litigation and Criminal Law for Tennessee on
Q: Can Tennessee mandate 100% sentence for 2012 crime?

In Tennessee, can a judge mandate that 100% of a sentence for second-degree murder be served if the crime was committed in 2012, but sentencing occurred in September 2022 based on a jury trial verdict? The appeal for a new trial has been denied by the state supreme court. We believe the 100%... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2025

In Tennessee, sentencing is generally governed by the law that was in effect at the time the crime was committed. Since your case involves a second-degree murder committed in 2012, the rules in effect then typically apply, even though sentencing occurred in 2022. New laws passed after the offense,... View More

1 Answer | Asked in Child Custody, Child Support, Appeals / Appellate Law and Family Law for Tennessee on
Q: Father paying child support denied visitation despite clean drug tests. Options in Tennessee?

In Tennessee, how can a father be denied visitation rights to see his children when he is paying child support? The mother claims drug use, but the father has submitted clean drug tests. The judge decided based on the mother's claims alone. The father did not know he could appeal the decision.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2025

You have rights as a parent in Tennessee, and paying child support does not automatically forfeit your visitation rights. If the court denied visitation based solely on unproven allegations, you may be able to request a modification or enforcement of visitation. Gathering evidence, such as clean... View More

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Tennessee on
Q: Should a judge disclose a prior lawyer-client relationship with a case party?

I am wondering if a judge should have recused himself from my case because he previously served as the lawyer for the mother of my child. The judge did not disclose this past relationship during the trial, but the mother told me on three occasions. Although I don't have documentation at this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2025

You are correct that judges are generally expected to disclose any prior relationships or potential conflicts of interest that could affect their impartiality. A prior lawyer-client relationship with a party in the case is usually considered a significant connection that could reasonably raise... View More

2 Answers | Asked in Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Can a case be reopened after 19 years with new evidence?

My case was closed 19 years ago, and I now have new evidence related to it. Are there specific legal reasons or grounds that could allow me to reopen the case?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2025

No....

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Gov & Administrative Law and Criminal Law for Tennessee on
Q: How to challenge an illegal sentence extension in Tennessee?

I received a 15-year sentence at 30% from a judge in Jackson, Tennessee. However, the district attorney's office added 12 more years to that sentence without the judge’s order. How can I address this discrepancy and challenge the illegal addition to my sentence?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2025

Hire an attorney to file a TRCRP Rule 36 Motion in the Court that sentenced you.

View More Answers

1 Answer | Asked in Lemon Law, Consumer Law and Appeals / Appellate Law for Tennessee on
Q: Hyundai Santa Fe recall and engine failure resolution options.

I purchased a Hyundai Santa Fe in December 2022 and was never notified about any recalls. In June 2025, the engine suddenly failed and was diagnosed with rod bearing failure. Upon filing my claim, I was informed that there were three recalls on my car, including one for the rod bearing. After... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025

You’ve done everything right by filing the claim, appealing the decision, and keeping up with regular service—even if it wasn’t through a Hyundai dealership. The fact that Hyundai denied your claim based on the knock sensor not being installed before your purchase raises serious questions,... View More

1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Is it illegal if an attorney doesn't inform about conservatorship ineligibility due to nonresident status?

Is it illegal for an attorney to not inform a nonresident client of their ineligibility for conservatorship appointment in the respondent's state, even if the attorney knew of the client's nonresident status before the application process? I was denied conservatorship of assets due to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

What happened to you raises real concerns about communication and accountability. In Tennessee, nonresidents are generally disqualified from being appointed as conservators of the *estate* unless certain exceptions apply. If your attorney knew you were ineligible based on your nonresident status... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can a life imprisonment case be reopened after completing a related 12-year sentence in TN?

I've been sentenced to life imprisonment, having already completed a 12-year sentence related to an attempted assault on an officer while allegedly fleeing. This was a violation of my parole from a 2007 sexual battery conviction, and I've exhausted all appeals except for a possible... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025

Your direct appeals are closed now that you’ve exhausted state remedies, so you cannot “reopen” your life sentence through another state appeal.

To challenge your conviction or sentence at this point, you must turn to post-conviction relief: in Tennessee, that means filing a petition... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.