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Tennessee Appeals / Appellate Law Questions & 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
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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.

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

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?
Anthony M. Avery
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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, 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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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

Anthony M. Avery
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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.

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 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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