Tennessee Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence

State:
Multi-State
Control #:
US-02766BG
Format:
Word; 
Rich Text
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The most common types of post-conviction relief motions are: Motion for New Trial. Motion to Vacate Judgment. Motion to Set Aside Judgment.

On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.

conviction petition is a request to overturn a conviction or sentence based on constitutional violations. The local district attorney general handles postconviction petitions in the trial courts. If postconviction relief is denied, a defendant may appeal to the Court of Criminal Appeals.

Conviction orders issued by the Court of Session or Additional Court of Session are appealable to the High Court. If the Court of Session or the Additional Court of Session imposes a sentence of more than seven years in prison, the defendant may appeal the decision to the High Court.

Before sentence is imposed, the court may grant a motion to withdraw a guilty plea for any fair and just reason.

In Tennessee, there are three federal district courts, a state supreme court, a state court of appeals, a state court of criminal appeals, and trial courts of general and limited.

If your order of protection was filed in Circuit or Chancery court, then you have to file your appeal to the Tennessee Court of Appeals. You need to file a document with the Circuit or Chancery court that says you want to appeal your case.

How long do I have to appeal a case to the Court of Appeals? 30 days from the date of the Order of Judgment.

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Tennessee Affidavit of Attorney in Support of Motion to Set Aside Submission and Reopen Case Based on Newly Discovered Evidence