Lawyers, Answer Questions  & Get Points Log In
Tennessee Appeals / Appellate Law Questions & Answers
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
PREMIUM
Anthony M. Avery
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... Read 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
Henry Ambrose
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...
Read more »

2 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Tennessee on
Q: If i receive a eviction in a writ of possession case. I filed an appeal..does it stop the eviction until court date
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Jul 13, 2022

First, I am not a TN lawyer. However, I agree with the previous answer. Usually, an appeal alone does not stop the trial court's judgment nor an enforcement of that judgment. A motion to stay the judgment must be filed, generally requiring a bond. But check your appellate rules as to when a... Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: How can you check the status of your us appellate 6th circut appeal case.

Can you check to see if you case been assigned to to a panel in the us appellate 6th circuit appeal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 10, 2022

Call the Court Clerk in Cincinnati and ask.

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: how long a case can stay in us appellate court before a decision is made
Charles William Michaels
PREMIUM
Charles William Michaels
answered on Dec 14, 2021

There is no time limit. The opinion is issued in due course, but 60-90 days is usually when a decision is issued.

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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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 »

View More Answers

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
PREMIUM
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

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.