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Tennessee Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Criminal Law, Traffic Tickets and Appeals / Appellate Law for Tennessee on
Q: Can someone be arrested on a bench warrant if they were incarcerated already on their court date?

So, someone I know got a speeding violation back in 2021 that required a court appearance. However, shortly after receiving the violation, they were incarcerated and put in prison for two years. Because of this, they were unable to attend their court date. Now, the day they were supposed to be... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 12, 2023

I agree with attorney Avery. Part of hiring an attorney would be for the attorney to get the client's outstanding bench warrant resolved so that the holds on the defendant are lifted-----whether this means getting the defendant transferred to that court to answer the bench warrant or perhaps... View More

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1 Answer | Asked in Domestic Violence, Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: How do i get my right to own a firearm back with an old (2017) misdemeanor domestic charge. For personal & home defense

Old charge from 2017. No weapons involved were involved at all. No other relating charges. Long since separated from significant other (at time). I now live alone and have my daughters off\on. I want to own one for personal and home defense because of this.

James L. Arrasmith
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answered on Mar 2, 2023

The process to restore your right to own a firearm after a domestic violence conviction varies depending on the state you reside in. Generally, if you have a domestic violence misdemeanor conviction, you are prohibited from possessing a firearm under federal law. However, some states have... View More

1 Answer | Asked in Criminal Law, Antitrust, Appeals / Appellate Law and White Collar Crime for Tennessee on
Q: my lawyer was impersonating as a lawyer and got caught stealing money from clients.i was convicted of a crime under him.

what should i do?

Henry Ambrose
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answered on Aug 11, 2022

Its hard to answer this without lots more detail, but you need to talk to a good lawyer right away.

This absolutely casts serious doubt on your conviction and it may be that you are entitled to a new trial. You need a real lawyer now, do not wait. If you can't afford a lawyer write or...
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2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
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Charles William Michaels
answered on Jul 13, 2022

First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... View More

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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Motion to set aside a default judgement or appeal? What is a better option? (Civil)

A default judgement has been entered - but I had a baby mere days before the hearing - and no counsel to request continuance. Default judgement was granted and order was issued. Do I file a motion to set aside judgement or go ahead and appeal?

Anthony M. Avery
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answered on Sep 26, 2023

File the motion to set aside the default judgment. If denied, then appeal.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: What does Habeus Corpus mean?
Anthony M. Avery
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answered on Jul 17, 2023

They have the body is a rough transaction. It is a Cause of Action for unlawful detention of a prisoner.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is it possible to get someone out of prison after doing half the sentence in Tennessee. He never got credit for county.

He had a plea deal. The DA told him to take the deal or they would give him more time at trial.

After the plea deal they added 3 years to his sentence. He pled guilty to auto theft and got 25 years. He is housed with another inmate who got the same sentence for 2nd degree murder.

Cayley Turrin
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Cayley Turrin
answered on Nov 17, 2022

I would ask the attorney that handled his case to look into this.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Do any of y'all do oro Bono work need help asap
Cayley Turrin
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Cayley Turrin
answered on Nov 4, 2022

You should contact the public defenders office in your county.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Hi my names erica I have been subpoena to court to testify on behalf of the state do I have to apear I just got it today

And I have to be there tomorrow it was sent by mail

Anthony M. Avery
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answered on Sep 13, 2022

That is an Order of the Court for you to testify in Court. That means you tell the truth, which does not necessarily help the DA.

Q: How do I get a good Lawyer for free
Tim Akpinar
Tim Akpinar
answered on Sep 10, 2022

A Tennessee attorney could advise best, but your question remains open for two weeks. It could depend on what your matter involves. There are attorneys who donate their time to work for free (pro bono) and legal aid societies that offer their assistance as a public service. But these tend to be... View More

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: How can you when. Appeal that take it back that. Ñot right
Bennett James Wills
Bennett James Wills
answered on Aug 22, 2022

You have 10 days to file an appeal from general sessions to circuit; or 30 days to file a notice of appeal from circuit/chancery/criminal to court of appeals after final judgment.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: How can you check the status of your us appellate 6th circut appeal case.

Can you check to see if you case been assigned to to a panel in the us appellate 6th circuit appeal

Anthony M. Avery
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answered on Mar 10, 2022

Call the Court Clerk in Cincinnati and ask.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: how long a case can stay in us appellate court before a decision is made
Charles William Michaels
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Charles William Michaels
answered on Dec 14, 2021

There is no time limit. The opinion is issued in due course, but 60-90 days is usually when a decision is issued.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Tennessee on
Q: Can I oppose a warrant after the plea if there are mistake made on my arrest warrants?

The supposed victim dropped all charges and I still got charged. My arrest warrants on both sets are wrong.

Anthony M. Avery
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answered on Nov 29, 2021

It is the State's Case, not the victim's. Prepare for the Preliminary Hearing as it may be a very serious charge. Hopefully it will be Dismissed in Court.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: I have a question concerning my father's case how can they charge him if there is no efficient evidence at all

I can screen shot what I'm talking about if I need to

Anthony M. Avery
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answered on Nov 17, 2021

Hie lawyer needs to prepare for a thorough Preliminary Hearing at General Sessions Court. You have not stated any facts nor legal proceedings, but I suspect his lawyer needs to get in gear, or hire a competent one now.

1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... View More

Anthony M. Avery
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answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Who do I speak with to find out if my husband has a bond waiting an appeal . In Wilson County Tn

He has a four year sentence and was violated by his PO and the judge put his sentence in effect and he is appealing that ruling . Can he get a bail while waiting for that appeal

Anthony M. Avery
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answered on Jun 23, 2021

Call his attorney... If nothing else call the Court Clerk.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: How does this Tennessee code 40-39-211 pertains to when it talks about minor offend

This code 40-39-211 mentions whose victim or victims of offender was a minor

Anthony M. Avery
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answered on Jun 17, 2021

What is your question?

1 Answer | Asked in Products Liability, Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Is there anyway to get back my vehicle after Tennessee seized it for transportation of illegal narcotics?

I have filed an appeal but because I was unable to afford an attorney I was forced to represent myself and since I didn't know what I was doing the judge ruled for Tennessee to keep it. I have the option now to ask for a stay and file another appeal to thebest of my understanding. If anyone... View More

Anthony M. Avery
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answered on May 10, 2021

You will need an attorney and money, or forget about it.

2 Answers | Asked in Appeals / Appellate Law and Civil Rights for Tennessee on
Q: Is there a statue of limitation on appealing procedure subject matter jurisdiction?

options on appealing subject matters jurisdictiion.

Charles William Michaels
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Charles William Michaels
answered on Feb 27, 2021

First, I am not a Tennessee lawyer. That being said, whatever are the issues you intend to raise on appeal, the time to appeal is the same. Usually, it's 30 days from the final judgment of the court below. Once the appeal is noted, when you file your brief, you can raise the issue of subject... View More

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