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Tennessee Appeals / Appellate Law Questions & Answers
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
Anthony M. Avery 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
Anthony M. Avery 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... Read more »

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

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

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1 Answer | Asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Civil Rights for Tennessee on
Q: i received citation but cop has no info on pink copy except the court date which is dated for1/20 & its1/21 is it via?
Shanone Emmack
Shanone Emmack answered on Jan 11, 2021

you will need to call Maury County clerk's office. Your case will likely be reset because the courts are closed to most in-person proceedings until the end of January. The clerk's office will give you the correct court date.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: appeal

Trial judge ruled in favor of plaintiff for 3775 dollars back rent in April 2018, defendant appealed May 2018. Defendant file Bankruptsy in July 2020, Bankruptsy, Discharged in August 2020. My debt not included in discharge. Does Bankruptsy by debtor have any effect on defendants appeal in circuit... Read more »

Charles William Michaels
Charles William Michaels answered on Nov 25, 2020

The bankruptcy by debtor/appellant should not affect the appeal, because plaintiff's debt was not included in the bankruptcy discharge. However, any further proceedings on the appeal are probably moot now. And if the debtor/ appellant has recently filed for bankruptcy, are there any funds left... Read more »

2 Answers | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

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1 Answer | Asked in Appeals / Appellate Law and Child Custody for Tennessee on
Q: I’m filing a custody appeal, I have 10 days to file. Do I attach my brief with it Or can I file my brief within 30 dayS?

I am pro-Se. I know To file the notice of appeal is within 10 days but getting a brief written up in that short of time is near impossible. That’s why I was asking if the brief had to be attached to the notice of appeal or I had a certain time limit to file the brief. Thank you for your help

Charles William Michaels
Charles William Michaels answered on Nov 9, 2020

First, I am not a Tennessee lawyer. That being said, the notice of appeal and the eventual brief are separate documents. And generally, there's 1) the transcripts need to be ordered by you, 2) the record --including the transcripts--have to be forwarded to the appellate court by the trial... Read more »

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.

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