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 »
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.
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 »
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 »
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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
1.39-17-425 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 »
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 »
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 »
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 »
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?
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 »
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