June 2019 – Gregory D Smith

Why your criminal defense lawyer might not be right for an appeal

Appeals, Civil Law, Criminal Defense, Family Law, Military Law

It is a common misconception among defendants in criminal cases that they should use the same criminal defense attorney for both the original trial and the appeal. However, the lawyer that represented you during your initial criminal case might not be the best person for the job.

An appeal is not a new trial. It is a completely unique process that requires special legal skills, knowledge and experience. It is important to select your appellate lawyer wisely — and to understand that this might not be the same person who has represented your initial case.

Lack of special skills

An appellate attorney understands the distinctive traits of an appeal versus a criminal trial. He or she should have gone to school specifically for appeals and have experience in this area of law in Tennessee. Your criminal defense attorney, on the other hand, may lack the key skills necessary to excel in the appellate process:

In-depth legal research
Intricate and dense legal arguments
Large amounts of writing
Oral arguments in court

There is a reason trials and appeals are two separate areas of law. They require very different skills. If you intend to proceed with the appeals process, find an attorney that specifically handles appeals.

No experience with the unique appeals process

Filing an appeal in Tennessee not only takes certain skills but also has a special process. The case may go to the Court of Criminal Appeals, the state Supreme Court or the U.S. Supreme Court during the different appellate phases. Your criminal defense attorney is unlikely to have the same amount of experience handling this complicated process as an appellate attorney.

No rapport with the Court of Appeals

An appellate attorney can have a history of handling cases with the Court of Appeals in your county. The lawyer most likely has a network of people he or she knows within the Court of Appeals, as well as a history with appellate court judges. These connections could help your appeal case but are not something your defense lawyer may be able to offer.

If you are in Tennessee, a federal court of appeals, or a military court of appeals and have questions about appeals or appellate attorneys, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith and his work in Federal Indian Law appeals in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 21, 2019/by admin

Deciding whether to sue for breach of contract

Civil Law

During the course of operating a business, owners may have to work with others to complete projects. Contracts better ensure all parties are on the same page regarding the terms of the work. Unfortunately, contract terms are not always met.

AllBusiness.com notes that sometimes, it becomes necessary to sue for contract violation. Business owners will do well to understand when a contract breach has transpired, and when to take legal action.

Defining a breach of contract

When a party does not carry out a specific task in an agreed-upon manner, flat-out refuses to perform a task or makes it so that another party cannot complete work, it is a breach of contract. Chron notes what goes into a solid commercial contract. Despite including all essential elements, there is no 100% airtight protection against a breach.

Deciding when to sue

To have grounds for taking legal action against a breached contract, there must be a written agreement of a specific type:

Property leases in excess of a year
Real estate transaction
A promise to pay another’s debt
An agreement that takes more than a year to fulfill

The statute of limitations also applies to contract breaches, giving parties a time limit for when they can take legal action. The specific deadline involves a number of elements:

The state
Case elements

If you are in Tennessee and have questions about rules regarding contracts or contract disputes, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), at http://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 21, 2019/by admin

Can I get my parental rights reinstated?

Appeals, Civil Law, Family Law, Indian Law

There are many situations that could lead to your parental rights being terminated in Tennessee. Typically, when you lose your rights, you are made aware of what is happening. You are given the chance to stop the termination by the court. Courts do not often remove rights without giving you a chance to prevent it from happening. However, if your rights were terminated and you now wish to reinstate them, it helps to know where the law stands on this.

The National Conference of State Legislatures explains that the termination of parental rights is often meant to be permanent. When you lose your rights, your child is not able to be adopted. This could be by a family member, a stepparent or a stranger, depending on the situation. If your child is adopted, then it will be very difficult for you to get rights back regardless of any possible loopholes in the law. So, do keep that in mind.

In general, though, in this state, you cannot get your rights back. The state has no specific laws that pertain to the reinstatement of your parental rights. There are other states that do have such laws, which can make things easier. Your best option is to go in front of the court and see if there is any chance to get your rights back, especially if your child has not been adopted. However, keep in mind that there is no guarantee the court will give you your rights back. It all is dependent on the situation. This information is for education and is not legal advice.

If you are in Tennessee and have questions about rules regarding termination of parental rights or appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 12, 2019/by admin

Who has the right to appeal a court decision?

Appeals, Civil Law, Criminal Defense, Family Law, Indian Law, Military Law

If you are not familiar with appealing a court judgment, you may wonder who can make an appeal in the first place. Do both sides have an equal opportunity to appeal a Tennessee court decision, and does it work the same way in civil litigation and in criminal prosecutions? The U.S. Courts website provides answers to these important questions. If you are considering an appeal to a court judgment, you should have a reasonable idea of how to proceed.

When it comes to cases involving suing another party in court, either side has a right to appeal a judgment to an appellate court. It does not matter whether the case was decided by a jury or a judge. However, the right to appeal can be waived if the parties decide to settle the case without pursuing a decision from a jury or the bench. If a settlement is agreed to, there can be no appeal.

Appeals work differently in criminal cases. If a person is found guilty of a crime, the defendant has the option to appeal the verdict. This is not the case if the person is acquitted. A prosecutor cannot appeal a not guilty verdict to try to get a new trial because it would violate Fifth Amendment protections against double jeopardy. However, if the defendant pleads guilty, the right to an appeal is typically waived.

However, there is room for both a defendant and a prosecutor to retain the right to appeal a sentence imposed after a verdict of guilty. A defense attorney may argue that the sentence does not comply with the requirements of the law. A prosecutor can appeal on the grounds of a similar argument. Either side might also claim that the sentence violates sentencing guidelines or otherwise deviates from the guidelines.

Anyone inexperienced in matters concerning appealing a judgment can benefit from asking a professional appeals attorney to gain a better understanding of the subject. Remember that this article is only intended to inform you about appeals and not to give you any legal advice.

If you are in Tennessee and have questions about rules regarding appeals, call the Law Office of Gregory D. Smith, 931/647-1299 or visit www.gsmithlawfirm.com. Mr. Smith is listed in Mid-South Super Lawyers and is A-V rated by Martindale-Hubbell. You can read a featured article about Mr. Smith’s work in appellate courts in the November, 2019 ABA Journal, (the national magazine of the American Bar Association), athttp://www.abajournal.com/magazine/article/tennessee-attorney-greg-smith.

June 4, 2019/by admin

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