Get free answers to your Appeals / Appellate Law legal questions from lawyers in your area.
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 
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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
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
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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
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.
I am a beneficiary of my brother's retirement plan through Emerson Electric and have been receiving $168.00 monthly payments since February 2023. I wanted a lump sum payment, but Emerson did not provide the required Summary Plan Description (SPD) within 90 days after payments began. In April... View More
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answered on May 15, 2025
Since Emerson did not provide the Summary Plan Description (SPD) within the required 90 days, you may have grounds to appeal the decision based on their failure to comply with the plan’s disclosure requirements. The SPD is an important document that outlines your rights and options regarding the... View More
I filed a Section 1983 civil rights claim that was dismissed due to a finding of probable cause at the preliminary hearing. The judge stated that further litigation should occur in the circuit court. I filed a motion to suppress, which was granted due to an illegal arrest. However, my federal civil... View More
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answered on May 14, 2025
You can’t pursue the probable‑cause issue again in federal court now that the judge has directed you to the state process, so your next step is to press the matter in the Tennessee general‑sessions court where the preliminary hearing took place. File whatever post‑hearing motions are... View More
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
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answered on May 14, 2025
It’s really hard to watch your child’s hard work and reputation take a hit over a single, corrected mistake—especially when it affects opportunities like National Honor Society.
While Hamilton County policy does allow principals to assign in-school suspension for behavior they view as... View More
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
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answered on Apr 23, 2025
Law in effect at time of offense controls.
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
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
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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
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
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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
And went through appeals but was denied, is there anyway to be released in 1 to 3 years
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
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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... View More
Defendents in GDC an court of appeals vacated an remended sentence back to lower court does that allow for defendant to be released?
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answered on Nov 26, 2024
Post this under GA Criminal.
I know of the killer his girlfriend brags. His name is Christopher Alan Beecher. He got his moneybag tattoo covered
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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.
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
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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
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
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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.
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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.
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
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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.
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answered on Jan 26, 2024
No. Appeal or Certiorari of the Judgment are the only procedures available.
The trial judge completely ignored my request for pendente lite relief during my divorce proceedings and denied me alimony.
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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.
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