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Tennessee Appeals / Appellate Law Questions & Answers

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 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 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 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 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 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.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on

Q: I need help loming for a case in tennessee i need to find the court date

Inmates name is Tiffany Taylor dob 09-22-1980

Anthony M. Avery answered on Apr 23, 2019

Not sure of your question. But start by figuring out what County or Federal District the Defendant is before. Then hire a competent attorney in that County/District to at least look into the matter, and possibly represent her.

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

Q: Appeal custody case

Does the 30 days start when the judge signs the order or when it get in the clerks office, judge held on to the order for 18 days giving very little time to appeal

Bennett James Wills answered on Jun 18, 2018

You have 30 days from the entry of the judgment. Most orders contain some indication or a stamp that says "Entered on XXX date." That date starts your time. If you are not sure of the date, call the clerk's office.

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

Q: Did the court of appeals rule that sex offenders rules of community supervision change

My brother is in Tn and is trying to transfer to AZ. However we have heard that the Michigan court of appeals have ruled that the conditions in Tn are unconstitutional , is there any merit to this

Bennett James Wills answered on Jun 6, 2018

The Michigan Court of Appeals has no authority to control the law in Tennessee.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Tennessee on

Q: Need a change of Venue form for Tennessee, and how to file a harrassment

8 times by same officer. Never found anything, always cuffs me to bumper of his car takes my shoes.

Anthony M. Avery answered on May 25, 2018

I would put together any paperwork or charges that resulted from these apprehensions. Then seek out a competent Civil Rights Attorney. Without an Arrest, your case for Damages is not good, but it does make it more likely you will win a Government Tort Liability Act suit. After filing suit ,... Read more »

2 Answers | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Legal Malpractice for Tennessee on

Q: I'm looking for case law involving a motion to vacate due to attorney fraud. The lawyer in question plead guilty.

The attorney forged documents stating he was conducting actions on behalf of client, later it was discovered he was doing nothing, on which he plead guilty (he did the same to many others).

The client was defaulted and then never granted appeal do to the inactions of said attorney. The... Read more »

Bennett James Wills answered on Apr 5, 2018

Tennessee rule of civil procedure 60.02.

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on

Q: If one is convicted of a serious crime under a P/D Do they have the right to appeal with a different attorney

If one is convicted of a serious crime (Nashville TN- Murder 1) while being defended by a public defender, Do they have the right to fire the P/D and pursue appeal under different legal council?

Bennett James Wills answered on Jan 22, 2018

Yes. The defendant may hire private counsel for the appeal.

1 Answer | Asked in Appeals / Appellate Law and Contracts for Tennessee on

Q: I am trying to figure out how to appeal a trial court in general sessions to circuit court

The court was in mcnairy county tn and was about money owed to me for work i completed i didnt get as much as i feel i should have

Gregory Edward Glass answered on Apr 26, 2017

You may file an appeal from General Sessions Court to Circuit Court as long as the appeal is filed within ten (10) days of the entry of the judgment or disposition of the case.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on

Q: If I was wrongly given an order of denial, is it possible to appeal the order and have it dismissed?

Bennett James Wills answered on Jan 28, 2017

If you are within the applicable appeal period then you could note an appeal. Consult counsel asap to determine your rights on appeal and to evaluate your case.

1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Collections for Tennessee on

Q: How does a defendant recoup damages for wrongful FED? How does defendant recovery Plaintiff's bond amount paid?

I won a FED on appeal. I am the defendant. I am attempting to find out where and how much the Plaintiff's bond is and where or to whom was it paid. No one seems to know. We were wrongfully evicted and now no one including, the General Sessions and Circuit Court Clerks can tell me how or where... Read more »

Leonard Robert Grefseng answered on Jan 19, 2017

I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.

If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a "surety." They probably were not...
Read more »

1 Answer | Asked in Traffic Tickets and Appeals / Appellate Law for Tennessee on

Q: Should I attempt to fight a careless driving case where i think i should have gotten a warning?

I turned into a road thay was apparently closed. When i turned i saw the police car im the street but it was off so i made the left turn and passed it real slow. He let me pass him before he pulled me over. I believe i was driving carefully.

Bennett James Wills answered on Oct 13, 2016

You certainly have a right to defend your citation. Consult with counsel.

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

Q: We are appealing a general sessions ruling in Circuit court. What do we need to do once the paperwork is filed

Israel Piedra answered on Jun 6, 2016

It depends what "paperwork" you are referring to. Call the clerk at the courthouse; they are usually very helpful to pro se litigants.

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

Q: AM I able to appeal a jury verdict for failure of the DFs to provide evidence during discovery

Robert Jason De Groot answered on Nov 11, 2015

I do not understand this question at all.

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

Q: Child custody

Can grandparents get temporary custody with no proof of the allegations? And is it ok for this decision to be made by a judge who has been a close family friend for over twenty yrs? Is there a way to appeal a decsion made on these terms?

Robert Jason De Groot answered on Nov 9, 2015

There might have been appealable issues back then.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Tennessee on

Q: If the 30th day a person has to file an appeal for a divorce in Tennessee falls on a weekend does that matter?

The 30th day after my divorce was final is on a Sunday. That mean if the appeal is not filed by Friday then the time is up right?

Robert Jason De Groot answered on Oct 1, 2015

Perhaps not. Read the appellate rules in your state. The deadline may well be monday.

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

Q: Mother has full custody of 9 yr old. Father remarried and mom is not letting dad see the daughter. How do I appeal?

Kimberly K. Schreiber answered on Apr 30, 2014

Do you have a Permanent Parenting Plan? If so, you can file a Petition for Contempt if she is not letting you see the child. Please remember to keep paying your child support even when you are not seeing the child as that is a separate matter.

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