Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Ask a Question
Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Tennessee Appeals / Appellate Law Questions & Answers
2 Answers | Asked in Appeals / Appellate Law, Legal Malpractice and Probate for Tennessee on
Q: How to address concealed evidence in a probate appeal due to attorney misconduct in TN?

I am involved in a probate case where the most important evidence was deliberately concealed from the court by my own attorney, resulting in an unfavorable ruling. I have strong proof of this concealment, including several pages of requested documents and over 80 canceled checks. I have already... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2025

There is no way to ensure that the evidence is brought out. But you can (and should have already done so) put the evidence and witnesses together. Why did you not complain before and during the hearing? If you have the evidence or alot of it, you should have filed a Rule 59 Motion first.... View More

View More Answers

2 Answers | Asked in Appeals / Appellate Law, Constitutional Law, Criminal Law and Immigration Law for Tennessee on
Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

I was arrested and had my home searched under an arrest warrant that used my family's last name, which is different from my legal last name. My lawyer did not inform the court about this discrepancy and suggested I take a plea deal, which I accepted. Due to this, I received a shorter sentence,... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2025

If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the... View More

View More Answers

1 Answer | Asked in Appeals / Appellate Law for Tennessee on
Q: When does interest start if a judgement was appealed but upheald? How Is interest calculated

Tennessee, Overton county 2019-CV-49

M2021-00766-COA-R3-CV Upheald Date of Decision 09/30/2022

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

Post Judgment Interest if ordered starts from the date of Judgment. And it was not tolled by the appeal. Call the Court Clerks to see how it will be computed. But collecting a Judgment is another matter. Hire a TN attorney to get paid.

1 Answer | Asked in Lemon Law, Consumer Law and Appeals / Appellate Law for Tennessee on
Q: Hyundai Santa Fe recall and engine failure resolution options.

I purchased a Hyundai Santa Fe in December 2022 and was never notified about any recalls. In June 2025, the engine suddenly failed and was diagnosed with rod bearing failure. Upon filing my claim, I was informed that there were three recalls on my car, including one for the rod bearing. After... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2025

You’ve done everything right by filing the claim, appealing the decision, and keeping up with regular service—even if it wasn’t through a Hyundai dealership. The fact that Hyundai denied your claim based on the knock sensor not being installed before your purchase raises serious questions,... View More

1 Answer | Asked in Legal Malpractice, Appeals / Appellate Law and Civil Litigation for Tennessee on
Q: Is it illegal if an attorney doesn't inform about conservatorship ineligibility due to nonresident status?

Is it illegal for an attorney to not inform a nonresident client of their ineligibility for conservatorship appointment in the respondent's state, even if the attorney knew of the client's nonresident status before the application process? I was denied conservatorship of assets due to my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

What happened to you raises real concerns about communication and accountability. In Tennessee, nonresidents are generally disqualified from being appointed as conservators of the *estate* unless certain exceptions apply. If your attorney knew you were ineligible based on your nonresident status... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Federal Crimes for Tennessee on
Q: Can a life imprisonment case be reopened after completing a related 12-year sentence in TN?

I've been sentenced to life imprisonment, having already completed a 12-year sentence related to an attempted assault on an officer while allegedly fleeing. This was a violation of my parole from a 2007 sexual battery conviction, and I've exhausted all appeals except for a possible... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 4, 2025

Your direct appeals are closed now that you’ve exhausted state remedies, so you cannot “reopen” your life sentence through another state appeal.

To challenge your conviction or sentence at this point, you must turn to post-conviction relief: in Tennessee, that means filing a petition... View More

3 Answers | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: Can I appeal a plea agreement for meth charges in Tennessee?

In 2022, I accepted a plea agreement for manufacturing and resale of meth charges after binding the case to the grand jury myself. I was initially offered 11-29 probation but accepted the agreement without knowing the lab results took nine days, which showed I only had a small amount for personal... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Jun 20, 2025

You probably have a statute of limitations problem on the appeal. I would call a local criminal defense attorney and run it through him or her.

View More Answers

3 Answers | Asked in Appeals / Appellate Law, Civil Rights, Criminal Law and Legal Malpractice for Tennessee on
Q: Wrongfully indicted for drug charges; appeal plea, legal for CI to transact with kids at home?

I was wrongfully indicted for the sale and delivery of Schedule II substances, which allegedly occurred in my home after my children let the confidential informant in, not me. Although I made a phone call to get drugs and told the informant I would leave to retrieve them, someone else unexpectedly... View More

Cayley Turrin
PREMIUM
Cayley Turrin
answered on Jun 16, 2025

HIRE AN ATTORNEY IMMEDIATELY

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for Tennessee on
Q: How can I appeal a recent guardianship order in TN?

I am seeking advice on appealing a guardianship order issued on May 16, which granted permanent guardianship of my daughter to her deceased father’s ex-stepdaughter. I have obtained stable housing, employment, and completed all necessary classes and assessments, but lack legal representation due... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2025

To appeal the guardianship order, you’ll first need to file a notice of appeal with the court that issued the decision. In Tennessee, this usually must be done within 30 days of the order being entered. Make sure to request a copy of the court’s written order if you haven’t received it... View More

2 Answers | Asked in Appeals / Appellate Law, Real Estate Law and Civil Litigation for Tennessee on
Q: Property rights contested due to fraudulent survey and repeated sales of tract 1 in TN.

I am contesting a final court order issued on May 28th regarding a fraudulent survey that was recorded on my property. The survey resulted in an easement being granted based on incorrect information. Additionally, there's a situation where tract 1 was sold twice by the same individual, using... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

I cannot follow your description. But it sounds like the Judge declared that you had some type of easement, probably that an easement runs over your property. Have you searched your title and the adjacent parcel's title? You may need to immediately file a Rule 59 Motion now to get other... View More

View More Answers

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Gov & Administrative Law for Tennessee on
Q: What can be done about a husband's arrest after completing treatment and trying to report to probation in Tennessee?

After my husband's 5-year sentence, he was granted a furlough to attend a treatment program, which he completed. He attempted to report to his probation officer, calling daily for months, but was told they had no paperwork for him. His lawyer also contacted the DA, but the only advice we... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2025

It sounds like your husband made good faith efforts to comply with his probation conditions, but was met with a lack of response from the probation office. That failure on their part may be important in defending against this arrest. You should gather anything you can—phone records, texts,... View More

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: Can I appeal a criminal court decision from May 21, 2025 in Tennessee?

I want to know if I can appeal a criminal court decision made on May 21, 2025. I believe some aspects of the decision were unjust, and I am looking for a better understanding of my case and a different outcome. I haven't consulted an attorney yet, but I have received documentation stating that... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 27, 2025

Usually you must move for a new trial first unless you pled guilty. If you did, you might not have grounds. You must hire a lawyer now.

View More Answers

1 Answer | Asked in Appeals / Appellate Law and Gov & Administrative Law for Tennessee on
Q: Can I appeal SPD delay affecting lump sum eligibility?

I am a beneficiary of my brother's retirement plan through Emerson Electric and have been receiving $168.00 monthly payments since February 2023. I wanted a lump sum payment, but Emerson did not provide the required Summary Plan Description (SPD) within 90 days after payments began. In April... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Since Emerson did not provide the Summary Plan Description (SPD) within the required 90 days, you may have grounds to appeal the decision based on their failure to comply with the plan’s disclosure requirements. The SPD is an important document that outlines your rights and options regarding the... View More

1 Answer | Asked in Civil Rights and Appeals / Appellate Law for Tennessee on
Q: How to proceed after federal civil rights claim dismissed?

I filed a Section 1983 civil rights claim that was dismissed due to a finding of probable cause at the preliminary hearing. The judge stated that further litigation should occur in the circuit court. I filed a motion to suppress, which was granted due to an illegal arrest. However, my federal civil... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You can’t pursue the probable‑cause issue again in federal court now that the judge has directed you to the state process, so your next step is to press the matter in the Tennessee general‑sessions court where the preliminary hearing took place. File whatever post‑hearing motions are... View More

1 Answer | Asked in Education Law and Appeals / Appellate Law for Tennessee on
Q: Can we appeal a school suspension affecting honors due to a corrected mistake?

My high school child received a one-day in-school suspension for making a false statement during a school trip, which was corrected the same day and did not lead to any rule violation, benefit, or harm. Despite showing remorse and having an impeccable record, this consequence affected their... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It’s really hard to watch your child’s hard work and reputation take a hit over a single, corrected mistake—especially when it affects opportunities like National Honor Society.

While Hamilton County policy does allow principals to assign in-school suspension for behavior they view as... View More

2 Answers | Asked in Appeals / Appellate Law and Constitutional Law for Tennessee on
Q: Does 1993 sentence calculation apply for 1993 offense in Tennessee?

I am helping my friend, who was sentenced to life without parole in Tennessee for an offense committed in 1993. We are currently going through an appeals process and need clarification on sentence calculation laws. Specifically, we want to understand if the sentence calculation should be based on... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025

Law in effect at time of offense controls.

View More Answers

2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Tennessee on
Q: Does drug influence affect statements' admissibility in Tennessee?

I have a relative who has been convicted and sentenced to life imprisonment at the age of 59. During the incident involving his case, it was admitted that individuals were under the influence of drugs like crack cocaine, heroin, and marijuana. We are working on an appeal concerning this evidence.... View More

Kent Thomas Jones
Kent Thomas Jones
answered on Apr 14, 2025

It can under certain circumstances.

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Legal Malpractice and Civil Litigation for Tennessee on
Q: Attorney cashed appeal bond refund check and charged $9,000 without notice. Is this legal?

I won a judgment case after posting an appeal bond. My attorney cashed the check for the bond refund without my knowledge and sent me a $9,000 bill for the same case. We didn't have a written agreement about handling the bond. When I confronted him, he claimed he paid the bond himself, but I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

It is not legal for your attorney to cash the appeal bond refund check without your knowledge or consent, especially if you were the one who provided the bond money. Attorneys are required to act in their clients' best interests, and handling funds in this way could be considered a breach of... View More

1 Answer | Asked in Employment Law, Public Benefits and Appeals / Appellate Law for Tennessee on
Q: Can I appeal unemployment overpayment claim after being fired, not quitting?

I was fired from a temp agency on November 12, 2024, and applied for unemployment benefits within a week. I received my first unemployment check on November 23, but later they claimed I quit and now say I owe the money back. I was fired via phone call without any paperwork, though I did text a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

If you were fired and the unemployment agency is claiming you quit, you can still take steps to challenge the overpayment claim. Since you missed the hearing, the first thing you should do is contact the unemployment office and explain the situation, especially the issue with missed mail and not... View More

2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Tennessee on
Q: If someone has been convicted of aggravated robbery and sentence to 10 yrs in Tennessee

And went through appeals but was denied, is there anyway to be released in 1 to 3 years

Kent Thomas Jones
Kent Thomas Jones
answered on Jan 15, 2025

I don't understand the question.

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.