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Tennessee Appeals / Appellate Law Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: What motion if any can be file to help my brother?

My brother was convicted in 2005 in the circuit court of Coahoma county for conspiracy to commit murder and aggravated assault, and improperly charged as a habitual offender under M.C.A 99-19-83 and M.C.A 99-19-81 the judge sentence him under the larger statue, giving him two consecutive life... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

This is a Tennessee forum. It sounds like he may wish to file a notice of appeal if he still has time. Get ahold of an attorney in the appropriate jurisdiction.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Can a revoked bond condition be lifted?
Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Not sure of your question. But the Court that issued the Bond Condition can also be moved to modify its Order. It will require filing and arguing a Motion.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Why does the sentence department in Tennessee not have to continue my wife's sentence concurrently

It started off concurrent and then they made it consecutive ( felony while on parole) but had me get an amendmended/corrected sentence order(I did) they still treating it consecutive

Cayley Turrin
Cayley Turrin answered on Aug 26, 2020

The one thing that comes to mind is that they committed a crime while on bond. If this is the case then the department mandatorily runs it consecutive.

1 Answer | Asked in Appeals / Appellate Law and White Collar Crime for Tennessee on
Q: For a Federal White Collar crime, how soon before your surrender date do you need to file for an appellate bond?

We think we have a great case for an appeal (the judge himself said to appeal his own sentence at least 5 times during sentencing) so we really want him to stay out while appealing. My husband was sentenced to 2 years in Federal Camp (all he was convicted of was illegal remuneration and was... Read more »

Charles William Michaels
Charles William Michaels answered on Aug 21, 2020

First I am not a Tennessee lawyer. That being said, generally a party (civil or criminal) has 30 days to note an appeal, with the bond accompanying that. That's 30 days after sentencing date, whether your lawyer notes the appeal or you do. But I think that an appeal in a criminal case does not... Read more »

2 Answers | Asked in Social Security and Appeals / Appellate Law for Tennessee on
Q: My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

New lawyer or start over as I'm still having an increase of issues/surgeries?

Thomas Carter O'Brien
Thomas Carter O'Brien 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... Read more »

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1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: I was denied unemployment benefits because my employer said that I was in unacceptable attendance. But the reason so

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... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2020

With only the facts as stated in your question, I would "yes" for an appeal.

Q: I inherited family property from my father in Feb 2011 at that time my father had gave permission for his niece to place

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

Q: My son's death has been falsified, delayed, denied, and dismissed for 7 years. Can I sue the parties for negligence

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... Read more »

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: So I recently won a appeal in which I had to forfeit almost 16k plus lawyers fees but

They are trying to settle out of court for 1100 dollars what steps should I take now

Charles William Michaels
Charles William Michaels 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.

1 Answer | Asked in Family Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: How do you justify that a home is "otherwise harmful to you" in terms of getting emancipated?

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... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry 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.

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I have an appeal pending in the appellate court against property manager for eviction, PM is trying to self evict me wha

Are my rights?

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

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... Read more »

Timothy Denison
Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: Is it a waste of time to appeal a marijuana charge on the grounds that it is for medical use, and could this set a prcd.

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... Read more »

Cayley Turrin
Cayley Turrin 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... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Appeals / Appellate Law and Collections for Tennessee on
Q: My van was on a dolly because I haven't gotten tags and made it legal to be on the road yet and somehow the strap broke

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... Read more »

Cayley Turrin
Cayley Turrin answered on Aug 19, 2019

Im not too sure what the question is.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Gov & Administrative Law for Tennessee on
Q: The building codes dept condeamned my house without notice to bring it up to code. They came on my property without perm

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?

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: Time served was not applied. Is there a petition to file to ask court to deduct that time?
Cayley Turrin
Cayley Turrin answered on Jul 14, 2019

Ask your attorney to file an agreed order to add time credits.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: Under what Jurddisction can a trial lawyer file a writ of possession against a tenant if the appeal is in the Court of A

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

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: I have an eviction case pending at the court of appeals in Jackson, tn the other side proposed a motion against me for

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

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Wrongful Death for Tennessee on
Q: can grand jury presentments be appealed or taken out of a county's initial jurisdiction if certain bias can be proven?

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?

Anthony M. Avery
Anthony M. Avery 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.... Read more »

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: Do I need a lawyer to appeal a habitual motor vehicle offender if it has been 5 years and no driving charges since
Anthony M. Avery
Anthony M. Avery 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.

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