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  1. #1

    Default Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim. P

    My question involves criminal law for the state of: TN

    Court of Criminal Appeals

    Issue: Appellate court is delaying handing down a rulings on Appealed case long since docketed with panel assigned

    There does not seem to be any "hurry up" or "lazy judge" rule moving for expedient and timely disposition

    Good causes for no further delays exist as the current appeal is pre-determinative of two other appeals soon to be docketed.

    Their calendar reflects that many other cases docketed after this one appellate case and oral arguments already having been heard, have been disposed of and their calendar is wide open until the end of this year and perhaps into next year although I have no looked.

    The appeal awaiting ruling is simple contesting four sentences and convictions already served nearly two years ago for criminal contempt.

    No oral arguments have been requested.


    How to respectfully move the CCA to hand down a ruling and preferably pronto and what Rule or rules may be on point as none I see seem to address this type of action?

  2. #2
    Join Date
    Jul 2018
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    1,785

    Default Re: Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim.

    The court will make its decision in its own time. It's worth noting that the decision could be delayed for any number of reasons.

  3. #3

    Default Re: Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim.

    So assuming all reasons that may exist causing the delay were only seated in controversy with the AOC discovering some non-compliance activity of the trial clerk with the TNJIS (electronic filing) system that are highly irregular and eye-brow raising, and as things stand if fully investigated and fleshed out with protracted and expensive additional filings, the prejudice would be only to the State....

    what style of motion citing which rule would you file to compel the panel to hand down a long-overdue ruling?

  4. #4
    Join Date
    Jun 2017
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    California
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    Default Re: Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim.

    None. You can't compel an appellate court to issue a decision.

  5. #5

    Default Re: Tennessee Cca- Lazy Judge Motion No Rule 52-53 Motion Rules Exist in Tn. R. Crim.

    I didn't think so in TN state courts.

    All the Crim attorneys with appellate experience I've spoken to kinda suggested along the lines of, "should be able to but, I'm not sure."

    Civil however has means to do so even in TN, which seem largely ignored.

    Thanks

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