reglab/housing_qa huggingface dataset:
TN Code § 40-25-128 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-128. Taxing Prosecutor Where Defendant Has Made Settlement

 In all cases of embezzlement and fraudulent breach of trust, where it appears to the court that the defendant has made settlement before the time of trial, and the prosecutor fails to attend and prosecute, the court shall tax the prosecutor with all costs of the case.
TN Code § 40-25-130 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-130. Circumstances When State or County Liable

 The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under § 40-25-129, in the following cases, when:   The defendant is acquitted by a verdict of the jury upon the merits;   The prosecution is dismissed, or a nolle prosequi entered by the state;   The action has abated by the death of the defendant;   The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or   The defendant has been convicted, but the execution issued upon the judgment has been returned “nulla bona” or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.    Code 1858, § 5585 (deriv. Acts 1813, ch. 137 (136 in Scott's Revisal), §§ 2, 3, 5; 1832, ch. 8, § 2; 1837-1838, ch. 141, § 1; 1853-1854, ch. 38, § 1; 1853-1854, ch. 72, § 2); Acts 1885 (Ex. Sess.), ch. 14; 1897, ch. 20, § 1; Shan., § 7619; Code 1932, § 12247; Acts 1980, ch. 625, § 2; T.C.A. (orig. ed.), § 40-3332.
TN Code § 40-25-131 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-131. State Liability

  The costs that have accrued in any criminal prosecution for offenses punishable with death or by confinement in the penitentiary, in cases accruing under § 40-25-130(1), (3) and (5), shall be paid by the state.   The state shall also pay the accrued costs in all criminal prosecutions for offenses punishable with death or by confinement in the penitentiary where the accused shall have been convicted by trial or by guilty plea. In those cases where the accused receives concurrent sentences, the state shall not be liable to pay the costs in more than three (3) of the prosecutions where concurrent sentences are given.    Code 1858, § 5586; Acts 1891 (Ex. Sess.), ch. 22, § 1; Shan., § 7620; Code 1932, § 12248; Acts 1970, ch. 461, § 1; T.C.A. (orig. ed.), § 40-3333.
TN Code § 40-25-132 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-132. County Liability

  Similar costs in criminal prosecutions for offenses punishable in any other way than by death or confinement in the penitentiary, also similar costs in criminal prosecutions for offenses punishable with death or confinement in the penitentiary, in cases accruing under § 40-25-130(2) and (4), shall be paid by the county.    Notwithstanding this section or any other law to the contrary, a county shall not be liable for payment of costs that have accrued in any criminal prosecution for a misdemeanor offense or prosecution for a felony offense if the conviction offense is a misdemeanor where the conviction resulting from the prosecution is reversed on appeal. In all these cases, the state shall be liable for the accrued costs.   As used in this subsection (b), “misdemeanor” and “felony” have the same meanings as set out in § 39-11-110.      Code 1858, § 5587; Acts 1891 (Ex. Sess.), ch. 22, § 2; Shan., § 7621; Code 1932, § 12249; T.C.A. (orig. ed.), § 40-3334; Acts 1995, ch. 385, § 1.
TN Code § 40-25-133 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-133. Costs Included

 What is meant by costs in §§ 40-25-131 and 40-25-132 is all costs accruing under existing laws on behalf of the state or county, as the case may be, for the faithful prosecution and safekeeping of the defendant, including the cost of boarding juries and that of the jailer; but nothing in this or those sections shall be so construed as to require the state to pay any cost for guarding the jail to prevent mob violence, or to prevent rescue or the prisoner's escape, or for transporting to any other county for safekeeping on any account whatever, but the same shall be paid by the county in which the crime was committed or claimed to have been committed.
TN Code § 40-25-134 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-134. Judgment for Costs

 The judgment for costs may be rendered at the time of conviction, or, upon motion, at any time subsequent to conviction, and execution awarded accordingly.   Code 1858, § 5578; Shan., § 7610; Code 1932, § 12237; T.C.A. (orig. ed.), § 40-3336.
TN Code § 40-25-135 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-135. Remission and Distribution of Costs Collected

  In all cases where the jailer, sheriff, workhouse keeper or any person or officer, other than the clerk of the circuit or criminal court of any county, collects from a defendant or surety all or any part of the costs, fees, taxes and expense fees, shown upon the mittimus issued by any circuit, criminal or other court, the officer shall on or before the fifteenth day of the month immediately following the month during which the collections are made, report and remit the collections to the clerk of the criminal court in counties having a criminal court, and to the clerk of the circuit court in all other counties, and it is the duty of the clerk to distribute the costs, taxes and expense fees among the state, county and officers entitled to them.   All state taxes, district attorney general fees, expense fees, fines in felony cases and all costs which have been previously paid by the state to officers entitled thereto shall be reported by the clerk to the commissioner of revenue and paid to the state.   All county taxes, expense fees, fines in misdemeanor cases and costs that have been previously paid by the county shall be reported to the county mayor and paid to the county trustee.   All costs belonging to officers that have not been paid either by the state or county shall be paid to the officers entitled to the costs.   Where only a part of the whole of the fine, costs, taxes and expense fees is collected, that proportion that is collected shall be distributed to the state, county and officers in proportion to their respective interests in the whole amount originally due.
TN Code § 40-25-136 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-136. Certification of Bills of Costs Against State or County

  The costs chargeable to the state or county in criminal cases tried in criminal courts, circuit courts or general sessions courts shall be made out so as to show the specific terms, and be examined, entered of record, and certified to be correct by the clerk of the court or judge before whom the case was tried or by whom it was disposed.   The clerks of the courts are granted full power, and it is made their duty to examine into, inspect and audit all bills of costs, as above provided, accruing against the state or county, and disallow any part or all of the bills of costs that may be illegally or wrongfully taxed against the state or county.    Code 1858, § 5569 (deriv. Acts 1832, ch. 7, § 1); Acts 1891 (Ex. Sess.), ch. 22, § 4; Shan., § 7593; Code 1932, § 12220; Acts 1963, ch. 157, § 2; T.C.A. (orig. ed.), § 40-3343; Acts 1983, ch. 396, § 2.
TN Code § 40-25-137 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-137. Audit and Payment of Bills of Costs

  A copy of the judgment and bill of costs, certified by the clerk of the court, as provided in § 40-25-136, shall be presented to the director of accounts, or county mayor, as the case may be, who, after the bills have been examined and approved by the clerk of the court, is granted full power, and it is the director's or county mayor's duty, to examine into, inspect and audit all bills of costs accruing against the state or county; and disallow any part of the bills of costs that may be illegally or wrongfully taxed against the state or county. The commissioner of finance and administration or county mayor may disallow any and all costs taxed against the state or county on account of malicious, frivolous or unnecessary prosecution, in the event the clerk of the court should, by mistake or otherwise, approve any of the bills.   After correcting and auditing the bills of costs, the commissioner, or county mayor as the case may be, shall issue a warrant for the amount, which shall be paid to the clerk or any other person authorized by the clerk, in writing, to receive the funds.    Code 1858, § 5570 (deriv. Acts 1827, ch. 36, § 6); Acts 1891 (Ex. Sess.), ch. 22, § 5; integrated in Shan., § 7594; Code 1932, § 12221; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12221; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1978, ch. 934, §§ 16, 36; modified; T.C.A. (orig. ed.), § 33-3344; Acts 1983, ch. 396, § 3; 2003, ch. 90, § 2.
TN Code § 40-25-138 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-138. Warrants Payable to Person Entitled to Fees

 The commissioner of finance and administration, in auditing bills of costs of state prosecutions, when, in the commissioner's judgment, it is expedient and proper to do so, may draw a warrant on the treasurer in favor of any of the parties interested in the bills of costs for the sum due the party, which warrant the commissioner shall send to the clerk of the court from which the bills were sent, and at the same time notify the clerk that the amount sent is all that was due the party in the bills. The clerk shall deliver the warrant to the party in whose favor it is drawn, as soon as called for, taking receipt for the same.
TN Code § 40-25-139 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-139. Payments to Correct Errors on Bills of Costs

 The state shall pay and refund to any county of the state any moneys that have been irregularly or otherwise paid, or that shall be irregularly or otherwise paid in connection with criminal prosecutions, by any county of the state, which should have been paid by the state, if the same had been adjudged, authenticated and presented for payment as provided by law, or any moneys that have been, or shall be paid, by any county to the state, to which the state is not entitled, or shall not be entitled in connection with criminal prosecution. If bills or claims for the moneys have been filed in the office of the commissioner of finance and administration, or shall be filed in the office of the commissioner of finance and administration, sworn to by the county mayor of the county, the comptroller of the treasury shall immediately have the claim or claims audited, and when the audit has been completed, the commissioner will draw a warrant or warrants on the state treasurer, in favor of the county, for so much and the parts of the claim or claims as shall be found correct by the auditors auditing the same, which warrants shall be payable out of the miscellaneous funds of the state treasury. No claim for moneys paid by the county on behalf of the state may be allowed where the claim is filed with the comptroller of the treasury more than six (6) years after the date of the payment by the county.
TN Code § 40-25-142 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-142. Payment to Federal Authorities

 The costs in §§ 40-25-140 and 40-25-141 shall be paid upon warrant of the commissioner of finance and administration, or county mayor, as the case may be, which warrant shall be issued upon properly authenticated and itemized bills of costs certified by the United States district attorney and judge holding the federal court, in the same manner as other similar costs are paid by the state or counties.
TN Code § 40-25-143 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-143. Collecting From Inmate Trust Fund Account

  The department of correction shall have the authority to collect from the inmate trust fund account of any defendant in its custody those moneys necessary to satisfy any unpaid costs that have been imposed upon the defendant.   When the state has paid the costs in a case accruing under § 40-25-130(5), and the defendant is in the custody of the department of correction, the department shall have the authority to collect from the inmate trust fund account of the defendant those moneys necessary to reimburse the state for the payment of the costs. Any amount so collected shall be deposited in the state general fund.
TN Code § 40-25-144 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 25 - Fees of Officers|§ 40-25-144. Filing Deadline for Claims Against the State for Payment of Costs. [See Compiler's Notes for Information Regarding Repeal of 2017 amendment.]

  No claim against the state for payment of costs under this chapter shall be paid unless the claim is submitted to the department of correction within six (6) months from the date of entry of the judgment of conviction.   [Repealed effective June 30, 2019.]   However, for good cause shown, the commissioner of correction, or the commissioner's representative, may extend this limitation period for an additional six (6) months.
TN Code § 40-26-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 26 - Appeal|§ 40-26-101. Commencement of Term Pending Appeal

 In all criminal cases appealed to the supreme court from the circuit and criminal courts, where the judgment of the court is for less penalty than death or imprisonment for life, and the defendant is in actual confinement in jail, when no transcript or other statement of the evidence is filed in the time prescribed by law, in the circuit or criminal court the appeal shall not act as a supersedeas, and the defendant shall enter upon the term of service in the penitentiary or workhouse at once after the expiration of the time for filing the transcript or other statement of evidence.
TN Code § 40-26-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 26 - Appeal|§ 40-26-102. Bail in Felony Cases

  In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary.   The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community.   Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal.   The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure.   The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court.   If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i), the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings.
TN Code § 40-26-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 26 - Appeal|§ 40-26-103. Admission to Bail by Appellate Court

 In case the appropriate appellate court or any appellate court judge shall be of the opinion that under the circumstances stated by the trial judge the trial judge abused discretion in so denying bail, the appellate court or any appellate court judge may admit the person so convicted to bail pending the disposition of the appeal by the appellate court.
TN Code § 40-26-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 26 - Appeal|§ 40-26-104. Bail in Misdemeanor Cases

 In all misdemeanor cases, the judge or court shall direct the clerk of the circuit or criminal court to admit the defendant to bail in a sum prescribed by the judge or court, with sufficient sureties for defendant's appearance at the circuit or criminal court in which judgment was rendered against the defendant, at the next term after the decision of the cause by the supreme court, to answer the judgment of the court.   Code 1858, § 5249 (deriv. Acts 1851-1852, ch. 159, § 3); Shan., § 7224; Code 1932, § 11811; Acts 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3408.
TN Code § 40-26-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 26 - Appeal|§ 40-26-105. Writ of Error Coram Nobis

  There is made available to convicted defendants in criminal cases a proceeding in the nature of a writ of error coram nobis, to be governed by the same rules and procedure applicable to the writ of error coram nobis in civil cases, except insofar as inconsistent herewith. Notice of the suing out of the writ shall be served on the district attorney general. No judge shall have authority to order the writ to operate as a supersedeas. The court shall have authority to order the person having custody of the petitioner to produce the petitioner in court for the hearing of the proceeding.   The relief obtainable by this proceeding shall be confined to errors dehors the record and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding. Upon a showing by the defendant that the defendant was without fault in failing to present certain evidence at the proper time, a writ of error coram nobis will lie for subsequently or newly discovered evidence relating to matters which were litigated at the trial if the judge determines that such evidence may have resulted in a different judgment, had it been presented at the trial.   The issue shall be tried by the court without the intervention of a jury, and if the decision be in favor of the petitioner, the judgment complained of shall be set aside and the defendant shall be granted a new trial in that cause. In the event a new trial is granted, the court may, in its discretion, admit the petitioner to bail; provided, that the offense is bailable. If not admitted to bail, the petitioner shall be confined in the county jail to await trial.   The petitioner or the state may pray an appeal in the nature of a writ of error to the court of criminal appeals from the final judgment in this proceeding.
TN Code § 40-27-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-101. Power of Governor

 The governor has power to grant reprieves, commutations and pardons in all criminal cases after conviction, except impeachment, subject to the regulations provided in this chapter.   Code 1858, § 5252; Shan., § 7227; Code 1932, § 11814; T.C.A. (orig. ed.), § 40-3501.
TN Code § 40-27-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-102. Conditions and Restrictions — Warrants

 The governor may grant pardons upon such conditions and with such restrictions and limitations as the governor may deem proper, and may issue warrants to all proper officers to carry into effect a conditional pardon.   Code 1858, § 5261; Shan., § 7236; Code 1932, § 11842; Acts 1963, ch. 23, § 1; 1982, ch. 604, § 1; T.C.A. (orig. ed.), § 40-3502.
TN Code § 40-27-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-103. Return of Governor's Warrant

 The governor's warrant should be returned by the officer after its execution, with the officer's endorsement of the action, to the secretary of state, to be filed by the secretary of state with the other papers.   Code 1858, § 5262; Shan., § 7237; Code 1932, § 11843; T.C.A. (orig. ed.), § 40-3503.   Law Reviews.   Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009).
TN Code § 40-27-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-104. Remission of Imprisonment

 The governor has the discretion to remit a portion of the imprisonment of a convict in the penitentiary upon the written recommendation of the board of parole.   Code 1858, § 5254; impl. am. Acts 1899, ch. 10, § 1; impl. am. Acts 1915, ch. 20, § 7; Shan., § 7229; impl. am. Acts 1919, ch. 39, § 2; impl. am. Acts 1923, ch. 7, § 42; Code 1932, § 11820; impl. am. Acts 1937, ch. 276, § 2; C. Supp. 1950, § 11820; impl. am. Acts 1961, ch. 93, § 1; impl. am. Acts 1972, ch. 576, § 17; impl. am. Acts 1972, ch. 636, § 1; T.C.A. (orig. ed.), § 40-3504; Acts 1998, ch. 1049, § 22.
TN Code § 40-27-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-105. Commutation of Death Penalty on Application for Pardon

 Upon application for a pardon by a person sentenced to capital punishment, if the governor is of opinion that the facts and circumstances adduced are not sufficient to warrant a total pardon, the governor may commute the punishment of death to imprisonment for life in the penitentiary.   Code 1858, §§ 180, 5258 (deriv. Acts 1841-1842, ch. 55); Shan., §§ 232, 7233; Code 1932, §§ 174, 11839; T.C.A. (orig. ed.), § 40-3505.
TN Code § 40-27-106 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-106. Commutation on Certificate of Supreme Court

 The governor may, likewise, commute the punishment from death to imprisonment for life, upon the certificate of the supreme court, entered on the minutes of the court, that in its opinion, there were extenuating circumstances attending the case, and that the punishment ought to be commuted.   Code 1858, § 5259; Shan., § 7234; Code 1932, § 11840; T.C.A. (orig. ed.), § 40-3506.   Rule Reference. This section is referred to in Rule 12 of the Rules of the Supreme Court of Tennessee.   Law Reviews.   Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009).   Survey of Tennessee Constitutional Law in 1976-77, VII. Reprieves, Pardons, and Commutations (Kenneth L. Penegar), 46 Tenn. L. Rev. 153.
TN Code § 40-27-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 27 - Executive Clemency|§ 40-27-107. Record of Reasons for Clemency

 The governor shall cause to be entered, in a book kept for that purpose, any reasons for granting pardons or commuting punishment, and preserve on file all documents on which the governor acted, and submit the same to the general assembly when requested.   Code 1858, § 5253; Shan., § 7228; Code 1932, § 11819; T.C.A. (orig. ed.), § 40-3507.   Law Reviews.   Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009).