Can Circuit Judge Disregard Appellate Court Ruling

[salliegoodie]

My question involves criminal law for the state of: Tennessee

My probation was revoked for non payment of restitution and I was in jail for 6 weeks before the judge finally (after 3 court appearances) released me on bond pending appeal.
My appeal came back reversed and remanded back to the circuit court for them to set a payment I could live with according to my ability to pay.
The judge revoked me again but left me out on same bond pending another appeal.

One of my questions is can the judge disregard the ruling of the appeal that said they erred in revoking my probation and they should set me a payment according to my ability to pay.

Quote:
"Therefore, under the principles announced in Dye, we conclude that the trial court should not have ordered the revocation of Appellant’s probation without making a realistic assessment of Appellant’s ability to pay given her
circumstances on remand. Therefore, the trial court’s revocation of Appellant’s probation is reversed.
The record shows that Appellant is unable to pay $500 a month, much less the $1,500 a month later required. We remand this case for the trial court to make appropriate findings with regard to Appellant’s ability to pay restitution and set an amount that Appellant reasonably can afford to pay. All parties may refer to Tennessee Code Annotated section 40-35-304(f) which sets
forth the procedure to be followed when modifying a defendant’s restitution."

[aaron]

You're stating the judge simply reissued the order that you pay $1,500/month? If not, what actually happened on remand.

[salliegoodie]

No the judge revoked my probation again. He did not offer to set me a payment this time.

[salliegoodie]

No the judge revoked my probation again.

He revoked me which would normally have meant I go back to jail, but he decided to leave me out on my original bond pending appeal cause he said he knew my lawyer was going to file another appeal.

My first appeal did come back favorable, but I am worried that I may not be as blessed this next time on appeal.

I can't figure out how he could just disregard what the 1st appeal decision was that said they (appellate court) reversed my revocation.

So the judge just revoked me again and left me out pending appeal again.

[aaron]

He revoked your probation on what ground?

Why don't you have a lawyer assisting you in your probation violation proceedings? Or do you?

[salliegoodie]

Yes I do have a lawyer. I don't know on what grounds he revoked me. I can't seem to get a straight answer from my lawyer as to how the judge can revoke me after the appellate court ruled him to reverse my revocation. Again, we are filing another appeal. What does it matter if the judge can just disregard what the ruling of the appeal says?