reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-205 - Grant or denial of petition

(a)
Upon receipt of a petition to convene an investigative grand jury, the presiding judge shall consider the petition in camera.
(b)
Any oral argument before the judge by the district attorney general shall be in the sole discretion of the presiding judge.
(c)
The judge shall grant the petition if the judge finds that:
(1)
The crimes alleged to have taken place are among those set forth in §
40-12-201
; and
(2)
There is probable cause to believe the criminal activity set forth in the petition has taken place.
(d)
(1)
The judge shall enter an order in writing respecting whether an investigative grand jury shall be convened.
(2)
The order will be filed by the clerk of the court and entered in records described in §
40-12-204
.
(3)
The clerk shall forward a copy to the district attorney general.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-206 - Members - Powers

(a)
The grand jury convened pursuant to this part shall consist of thirteen (13) members and up to five (5) alternates.
(b)
The alternates shall be present at all times during grand jury proceedings, but shall not take part in the deliberations or vote of the grand jury unless the alternate has been made a regular member of the grand jury upon motion of the district attorney general made to the court and alleging that a regular member is no longer able to serve.
(c)
Any grand jury ordered convened pursuant to this part shall be:
(1)
Impaneled by the presiding judge in the same manner as the regular grand jury;
(2)
Directed by the presiding judge to investigate the crimes specified in the petition; however, nothing in this subsection (c) shall be construed as preventing indictment for any offense found by the grand jury to have occurred in the course of its investigation; and
(3)
Retain all powers, duties and responsibilities of the regular grand jury.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-207 - Persons present during proceedings

The district attorney general, the witness under examination, an interpreter when needed and, for the purpose of taking the evidence, a stenographer may be present while the investigative grand jury is in session, but no person other than jurors and alternates may be present while the grand jury is deliberating or voting.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-208 - Record of proceedings

(a)
All proceedings, except when the investigative grand jury is deliberating or voting, shall be recorded stenographically.
(b)
Any unintentional failure of any recording to reproduce all or any portion of a proceeding shall not affect the validity of the prosecution.
(c)
The recording, the reporter's notes or any transcript prepared from the recording or notes shall remain in the custody or control of the district attorney general unless otherwise ordered by the court in a particular case.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-209 - Confidentiality of proceedings and documents

(a)
(1)
No person who by virtue of the person's official position has knowledge of the filing of an application for consent, the action of the committee on the application, the filing of a petition to convene an investigative grand jury, or any action on the petition, shall disclose that knowledge except in accordance with this section.
(2)
All written records of applications, committee action, petitions and orders are declared to be confidential and subject to disclosure only in accordance with this section.
(3)
A grand juror, an interpreter, a stenographer, a typist who transcribes recorded testimony, a district attorney general or any person to whom disclosure is made pursuant to this section, §
40-12-210
or §
40-12-212
shall not disclose matters occurring before the grand jury except in accordance with those sections. No obligation of secrecy may be imposed on any person except in accordance with this section.
(b)
Disclosure otherwise prohibited by this part of documents and proceedings before a grand jury convened under this part may be made to:
(1)
The district attorney general for use in the performance of the district attorney general's duty; and
(2)
Government personnel, including personnel of the federal government or a subdivision of the state, as those personnel are deemed necessary by the district attorney general to assist the district attorney general in the performance of the district attorney general's duties.
(c)
(1)
Any person to whom documents and proceedings before a grand jury convened under this part are disclosed under subdivision (b)(2) shall not utilize those documents or proceedings for any purpose other than assisting the district attorney general in the performance of the district attorney general's duties.
(2)
The district attorney general shall promptly notify the judge convening the grand jury pursuant to this part of the names of all persons to whom disclosure of grand jury documents or proceedings is made and shall certify that the district attorney general has advised the person of the person's obligation of secrecy under this part.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-210 - Conditions for disclosure of proceedings and documents

Disclosure of grand jury documents and proceedings may also be made under this part when:
(1)
Directed by a court preliminarily to or in connection with a judicial proceeding;
(2)
Disclosure is made by the district attorney general to another grand jury; or
(3)
Permitted by a court upon motion of the defendant showing grounds exist for a motion to dismiss the indictment because of matters occurring before the grand jury.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-211 - Breach of confidentiality - Penalty

A violation of §
40-12-209
shall be punished as criminal contempt.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-212 - Indictments

The finding and return of indictments as well as the form of any indictment returned by a grand jury convened pursuant to this part shall be in the same manner and form as indictments returned by the regular grand jury.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-213 - Subpoena power - Examination of witnesses

Notwithstanding any other provision of law to the contrary, when a grand jury is convened pursuant to this part, the district attorney general shall:
(1)
Have the authority to compel by subpoena the testimony of witnesses before the grand jury; and
(2)
Be present to examine witnesses coming before the grand jury, as well as to give legal advice to the grand jury as to matters cognizable by it.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-214 - Subpoenas to banks exempt from notice requirement

Subpoenas issued pursuant to §
40-12-213(1)
shall not be subject to the provisions of §§
45-10-106
and
45-10-107
requiring notice to a bank customer of a subpoena issued to a bank for the records of a customer.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-215 - Grant of immunity

(a)
The district attorney general shall have the authority to grant transactional or use immunity to a witness if the district attorney general determines that immunity is necessary to compel testimony from the witness.
(b)
The immunity shall be given to the witness in writing and shall be signed by the district attorney general.
(c)
The immunity granted witnesses pursuant to Tennessee Rules of Criminal Procedure, Rule 6(j)(6) shall have no application to a grand jury convened pursuant to this part.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-216 - Witness' right to consult counsel

A witness before a grand jury convened pursuant to this part shall have the right to leave the grand jury room to consult the witness's counsel at reasonable intervals and for a reasonable period of time upon the request of the witness.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-217 - Dissolution - Extension of time to complete investigation

(a)
When a grand jury convened pursuant to this part has completed its investigation, the district attorney general shall promptly file a notice of dissolution with the clerk of the court where the petition seeking the grand jury's empanelling was filed.
(b)
(1)
Upon the filing of the notice required by subsection (a), the functions of the grand jury shall cease and it shall be considered dissolved.
(2)
In no event, except as provided in this section, shall a grand jury convened pursuant to this part remain impaneled for a period of time to exceed six (6) months from the day it is sworn.
(c)
(1)
Should a period of time exceeding six (6) months be necessary for the grand jury to complete its work, the district attorney general may file an application with the committee described in §
40-12-201
requesting permission to petition the empanelling judge for an extension of the grand jury for a period of time not to exceed six (6) months from the date the petition is granted.
(2)
The application shall specify why additional time is necessary for the completion of the investigation.
(3)
If the committee unanimously agrees that an extension of time is necessary, it shall grant written consent to petition the empanelling judge for an extension of the grand jury for the period requested.
(4)
This written consent shall accompany the petition to the empanelling judge who shall grant the petition if the judge finds an extension of time to be necessary for the grand jury to complete its investigation.
(5)
No more than two (2) six-month extensions may be obtained pursuant to this section.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 12 - GRAND JURY PROCEEDINGS (§§ 40-12-101 — 40-12-218) › Part 2 - INVESTIGATIVE GRAND JURIES (§§ 40-12-201 — 40-12-218) › Section 40-12-218 - Construction of part

Unless explicitly provided for in this part, nothing in this part shall be construed as repealing or amending any law dealing with the formation, function, duties and responsibilities of the regular grand jury.
Acts 1990, ch. 1051, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-101 - "Indictment" defined

(a)
An indictment is an accusation in writing presented by the grand jury of the county charging a person with an indictable offense.
(b)
Wherever in this code "indictment" is used, it shall be taken to include presentment whenever the context so requires or will permit.
Code 1932, §§ 10750, 11622; T.C.A. (orig. ed.), §§ 40-1701, 40-1702.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-102 - Offenses indictable

All felonies and all misdemeanors are indictable offenses.
Code 1932, § 11621; T.C.A. (orig. ed.), § 40-1703.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-103 - Prosecutor required

No district attorney general shall prefer a bill of indictment to the grand jury without a prosecutor marked on the bill or indictment, unless otherwise expressly provided by law.
Code 1858, § 5096 (deriv. Acts 1801, ch. 30, § 1); Shan., § 7058; Code 1932, § 11602; modified; T.C.A. (orig. ed.), § 40-1704.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-105 - Concurrence in true bill

An indictment cannot be found without the concurrence of at least twelve (12) grand jurors and, when so found, shall be endorsed a "true bill," and the endorsement signed by the foreman.
Code 1858, § 5093; Shan., § 7055; Code 1932, § 11600; T.C.A. (orig. ed.), § 40-1706.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-106 - Endorsement when indictment not found

If twelve (12) grand jurors do not concur in finding an indictment, the fact may be made known by endorsing the words "Not found" or other words of the same purport on the papers signed by the foreman.
Code 1858, § 5094; Shan., § 7056; Code 1932, § 11601; T.C.A. (orig. ed.), § 40-1707.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-107 - Endorsement of names of witnesses

It is the duty of the foreman of the grand jury to endorse on the indictment or, if it is a presentment, on the subpoena the names of the witnesses so sworn by the foreman and sign same officially, but the omission to endorse the names of those witnesses on the indictment or subpoena shall in no case invalidate the finding of the indictment or presentment, if the witnesses were, in point of fact, sworn by the foreman according to law.
Acts 1875, ch. 30, § 2; Shan., § 7054; Code 1932, § 11599; T.C.A. (orig. ed.), § 40-1708.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-108 - Presentation of indictment

An indictment, when found by the grand jury and endorsed as prescribed by this part, shall be presented by the foreman to the clerk of the court who shall file the indictment as provided by law.
Code 1858, § 5098; Shan., § 7060; Code 1932, § 11604; T.C.A. (orig. ed.), § 40-1709; Acts 2003, ch. 64, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-109 - Entry in minutes of felony indictments

All indictments for public offenses of the grade of felony, returned into court by the grand jury with the endorsement a "true bill" shall be entered by the clerk with the return in full on the minutes of the court and the originals compared with the entry by the judge before the judge signs the proceedings of the day.
Code 1858, § 5138 (deriv. Acts 1839-1840, ch. 105, §§ 1, 2); Shan., § 7101; Code 1932, § 11647; T.C.A. (orig. ed.), § 40-1710.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-110 - Copies of minutes - New indictment

(a)
A copy of the minutes shall be as good and valid as the originals if, at any time, the latter are lost, destroyed, misplaced or purloined.
(b)
In the absence of the entry provided for in §
40-13-109
, the court may, in any of the contingencies mentioned in subsection (a), on proof of the fact, direct a new indictment to be preferred at the term at which the proof is made or at a subsequent term.
Code 1858, §§ 5139, 5140 (deriv. Acts 1839-1840, ch. 105, § 1); Shan., §§ 7102, 7103; Code 1932, §§ 11648, 11649; T.C.A. (orig. ed.), §§ 40-1711, 40-1712.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-111 - Inspection of indictment before arrest

When an indictment is found against any person not in actual custody or who has not given bail to answer to the indictment, that indictment shall not be inspected by any person except the judge and clerk of the court and the district attorney general until the defendant has been arrested.
Code 1858, § 5099; Shan., § 7061; Code 1932, § 11605; T.C.A. (orig. ed.), § 40-1714.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 1 - GENERAL PROVISIONS (§§ 40-13-101 — 40-13-112) › Section 40-13-112 - Disclosure of indictment before arrest

(a)
No judge, attorney, clerk, other officer of the court or grand juror shall disclose the fact of any indictment found until the defendant has been arrested or given bail for appearance to answer the indictment; however, nothing in this section shall preclude law enforcement from releasing information contained within the indictment or the fact of the indictment for the purpose of apprehending the subject of the indictment.
(b)
A violation of subsection (a) is a Class A misdemeanor punishable, on conviction, as a Class A misdemeanor.
(c)
This section does not apply to any disclosure by the issuance of process.
Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code 1932, §§ 11606, 11607; T.C.A. (orig. ed.), § 40-1715; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 643, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-201 - Form generally

An indictment must contain in the caption or body of the indictment, the name of the state, county and court; the term in and at which the indictment is preferred; and must conclude "against the peace and dignity of the state of Tennessee."
Code 1932, § 11623; T.C.A. (orig. ed.), § 40-1801.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-202 - Statement of offense

The indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in a manner so as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper judgment. In no case are the words "force and arms" or "contrary to the form of the statute" necessary.
Code 1858, §§ 5114, 5115; Shan., §§ 7077, 7078; mod. Code 1932, § 11624; T.C.A. (orig. ed.), § 40-1802.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-203 - Certainty as to person charged

The indictment must be certain as to the person charged; but when the person's name is unknown to the grand jury, it may be so alleged without further identification or the person may be indicted under any name by which the person is generally known.
Code 1858, § 5116; Shan., § 7079; mod. Code 1932, § 11625; T.C.A. (orig. ed.), § 40-1803.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-204 - Presumptions and matters of judicial notice

Presumptions of law and matters of which judicial notice is taken need not be stated.
Code 1858, § 5118; Shan., § 7081; mod. Code 1932, § 11626; T.C.A. (orig. ed.), § 40-1804.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-205 - Description of common law crimes

In an indictment for an offense which was indictable at common law, the offense may be charged or described substantially as at common law; or it will be sufficient to describe the offense according to the general rules laid down in this chapter.
Code 1858, §§ 5119, 5120 (deriv. Acts 1829, ch. 23, § 72); Shan., §§ 7082, 7083; mod. Code 1932, § 11627; T.C.A. (orig. ed.), § 40-1805.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-206 - Alternative allegations

(a)
When the offense may be committed by different forms, by different means or with different intents, the forms, means or intents may be alleged in the same count in the alternative.
(b)
When an act is criminal, if producing different results, the differing results may be charged in the same count in the alternative.
Code 1858, § 5121; Shan., § 7084; mod. Code 1932, §§ 11628, 11629; T.C.A. (orig. ed.), §§ 40-1806, 40-1807.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-207 - Time of offense

The time at which the offense was committed need not be stated in the indictment, but the offense may be alleged to have been committed on any day before the finding of the indictment, or generally before the finding of the indictment, unless the time is a material ingredient in the offense.
Code 1858, § 5124; Shan., § 7087; Code 1932, § 11632; T.C.A. (orig. ed.), § 40-1808.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-208 - Place of offense

It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred.
Code 1858, § 5125; Shan., § 7088; Code 1932, § 11633; T.C.A. (orig. ed.), § 40-1809.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-209 - Allegation of ownership of property

(a)
When any property, upon or in relation to which the offense was committed:
(1)
Belongs to several partners or owners, it is sufficient to allege the ownership to be in any one (1) or more of those partners or owners; or
(2)
When the property is quasi public property, or belongs to an association, society or collection of individuals, such as churches, schoolhouses, lodges, etc., it is sufficient for the indictment to allege ownership in that association, society or collection of individuals by the name by which it is commonly known.
(b)
It is sufficient to describe property in any manner which may sufficiently identify the property, upon or in relation to which the offense charged was committed.
Code 1858, § 5127; Shan., § 7090; mod. Code 1932, § 11635; T.C.A. (orig. ed.), § 40-1810.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-210 - Jurisdiction to support alleged judgment

In pleading a judgment or other determination or proceeding before a court or officer, it is not necessary to state the facts conferring jurisdiction, but the judgment, determination or proceeding may be stated to have been duly given or made, but the facts required to give the jurisdiction shall appear on the trial.
Code 1858, § 5128; Shan., § 7091; Code 1932, § 11636; T.C.A. (orig. ed.), § 40-1811.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-211 - Description of instrument destroyed or withheld

When an instrument which is the subject of an indictment has been destroyed or withheld by the act or procurement of the defendant, and the fact of the destruction or withholding is alleged in the indictment, and established on the trial, the misdescription of the instrument is immaterial.
Code 1858, § 5132; Shan., § 7095; Code 1932, § 11640; T.C.A. (orig. ed.), § 40-1812.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-212 - Alleging fraud

(a)
In all prosecutions for offenses where the fraudulent possession or concealment of the thing constitutes the offense, it shall be sufficient to allege in the indictment that the party charged did fraudulently keep in possession or conceal the thing, without averring the particular species of fraud the party intended to commit or that any particular person was intended to be defrauded.
(b)
In indictments, when an intent to injure or defraud the public, and not a particular individual, is required to constitute the offense, it is sufficient to allege an intent to injure or defraud generally, without naming the particular person, state, government or body corporate intended to be defrauded.
Code 1858, §§ 5126, 5134 (deriv. Acts 1829, ch. 23, §§ 73, 74; 1841-1842, ch. 48, §§ 5, 6); Shan., §§ 7089, 7097; Code 1932, §§ 11634, 11643; T.C.A. (orig. ed.), §§ 40-1813, 40-1814.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-213 - Alleging perjury

(a)
In an indictment for perjury or subornation of perjury, it is not necessary to set forth in the pleadings either:
(1)
Records or proceedings with which the oath is connected; or
(2)
The commission or authority of the court or person before whom the perjury was committed.
(b)
It is sufficient in a perjury case to give the substance of the controversy or matter in respect to which the offense was committed, in what court or before whom the oath alleged to be false was taken, and that the court or person before whom it was taken had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned.
Code 1858, §§ 5129, 5130 (deriv. 23 George II, ch. 11); Shan., §§ 7092, 7093; Code 1932, §§ 11637, 11638; T.C.A. (orig. ed.), § 40-1815.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-214 - Alleging libel

An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter upon which the indictment is founded, but it is sufficient to state generally that defamatory matter was published concerning the person and the fact that it was so published shall be established on trial.
Code 1858, § 5131; Shan., § 7094; Code 1932, § 11639; T.C.A. (orig. ed.), § 40-1816.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-215 - Alleging possession of counterfeit money

In indictments for fraudulently keeping in possession or concealing counterfeit money or bank notes, it is not necessary to aver in the indictment that the party charged intended to pass or impose the counterfeit money or bank notes on the community as good money, but it shall appear in proof that the counterfeit money or bank notes were possessed or concealed with the fraudulent intent that they should get into circulation and with a knowledge that they were counterfeit.
Code 1858, § 5135 (deriv. Acts 1841-1842, ch. 48, § 5); Shan., § 7098; Code 1932, § 11644; T.C.A. (orig. ed.), § 40-1817.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-216 - Alleging conspiracy

Indictments for conspiracy framed under any of the provisions of title 39, chapter 12, part 1 shall not be held insufficient by reason of the general nature of the charges preferred or for embracing more than one (1) of the offenses in the same indictment.
Acts 1897, ch. 52, § 2; Shan., § 6696a5; mod. Code 1932, § 11071; T.C.A. (orig. ed.), § 40-1818; Acts 1996, ch. 675, § 26.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-217 - Alleging gaming

(a)
All laws made for the prevention, discouraging or suppression of gaming shall be construed as remedial and not penal statutes and no presentment or indictment in such case shall be quashed for want of form.
(b)
In presentments and indictments for gaming, it is sufficient to charge the general name of the game at which the defendant or defendants played, without setting forth and describing with or against whom they may have bet or played.
(c)
In prosecutions for keeping any gaming table or device under §
39-17-505
, it is sufficient to charge that the defendant kept or exhibited, or was interested or concerned in keeping or exhibiting, a gaming table or device for gaming, without describing the table or device more particularly, or alleging in what manner the defendant was concerned in the keeping or exhibiting, or alleging or proving that any money was bet at the gaming table or device.
Code 1858, §§ 4883, 4885, 5136 (deriv. Acts 1824, ch. 5, § 5); Shan., §§ 6819, 6821, 7099; Code 1932, §§ 11292, 11293, 11645; T.C.A. (orig. ed.), §§ 40-1819 -- 40-1821; Acts 1996, ch. 675, § 27.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-218 - Alleging dealing in futures

In all prosecutions for dealing in futures, no prosecutor shall be required and it is sufficient to charge that the defendant did game, wager or deal in futures, without setting forth with whom the defendant dealt, but the indictment or presentment shall charge a violation of some of the provisions of the section, either in terms or substance.
Acts 1883, ch. 251, § 4; Shan., § 3169; Code 1932, § 7822; modified; T.C.A. (orig. ed.), § 40-1822; Acts 1996, ch. 675, § 28.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-219 - Allegations concerning intoxicating liquor

(a)
In the prosecution for the purchase of intoxicating liquor in violation of title 39, chapter 17, part 7, it shall not be necessary to allege in the indictment or presentment or to prove the name of the person from whom the intoxicating liquors were bought.
(b)
It shall not be necessary for the second or subsequent indictment or presentment for selling or tippling intoxicating liquors, bitters or other compounds in violation of title 39, chapter 17, part 7, to allege or charge a former indictment or presentment and conviction thereon for the violation. The original indictment or presentment and record of conviction or certified copies of the same from any circuit or criminal court shall be prima facie evidence of a former indictment or presentment and conviction on the indictment or presentment upon the trial for any second or subsequent violation of title 39, chapter 17, part 7.
(c)
In any indictment or presentment for receiving, possessing or transporting intoxicants in violation of §§
39-17-703
- 39-17-706, it shall not be necessary to negate the exceptions contained in those sections, or that the intoxicating liquor was received, possessed, shipped or transported for any of the purposes set out in §
39-17-705
, but those exceptions may be relied upon as a defense and the burden of establishing the exception shall be upon the person claiming the benefit of the exception.
Acts 1905, ch. 422, § 2; 1917, ch. 5, § 2; 1917, ch. 12, § 8; Shan., §§ 6795a5, 6795a8, 6798a15; Code 1932, §§ 11211, 11213, 11222; modified; T.C.A. (orig. ed.), §§ 40-1823 -- 40-1825; Acts 1996, ch. 675, §§ 29-31.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-220 - Alleging grave-robbing

The indictment for the offense of unlawfully and willfully digging open a grave, or unlawfully and willfully taking up or carrying away the dead body, or any part of the body, need not specify what grave or whose dead body has been violated or disturbed.
Code 1858, § 5137 (deriv. Acts 1831, ch. 81, § 2); Shan., § 7100; Code 1932, § 11646; T.C.A. (orig. ed.), § 40-1826.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 2 - FORM AND SUFFICIENCY (§§ 40-13-201 — 40-13-221) › Section 40-13-221 - Alleging embezzlement and breach of trust

Any indictment charging a felonious taking or appropriation of the personal property of another, of any value, with intent to convert the property to the use of the defendant and to deprive the true owner of the property, shall be deemed a good and sufficient indictment for embezzlement or fraudulent breach of trust.
Code 1932, § 11642; T.C.A. (orig. ed.), § 40-1828.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 3 - CAPIAS (§§ 40-13-301 — 40-13-304) › Section 40-13-301 - Capias for more than one offense

(a)
When a defendant is indicted for more than one (1) offense of the same class or grade, at the same term of the court, the clerk shall issue but one (1) capias to the same county, which shall specify on its face the number of cases for which the defendant or defendants are indicted, at that term of the court, of the same grade or class.
(b)
The sheriff or other officer arresting the defendant or defendants shall, if bail is given, take bond in a sum sufficient to cover all the cases mentioned in the capias.
(c)
(1)
If the county has the costs to pay, there shall be no fees taxed against the county for the several officers and clerks, but as of one (1) cost.
(2)
However, if the defendant pays the costs, the court may order full costs to the several officers as if separate process had been issued and served throughout.
Acts 1859-1860, ch. 96, § 2; Shan., § 7066; Code 1932, § 11610; T.C.A. (orig. ed.), § 40-1903.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 3 - CAPIAS (§§ 40-13-301 — 40-13-304) › Section 40-13-302 - Bail

(a)
Upon arrest made on a capias, if the offense is bailable, bail may be taken in the manner prescribed in chapter 11, part 1 of this title.
(b)
After a defendant is committed to jail under a capias, if the offense is bailable, the defendant may be discharged upon giving bail as prescribed by chapter 11, part 1 of this title.
Code 1858, §§ 5105, 5106 (deriv. Acts 1805, ch. 37); Shan., §§ 7068, 7069; Code 1932, §§ 11612, 11613; T.C.A. (orig. ed.), §§ 40-1905, 40-1906.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 3 - CAPIAS (§§ 40-13-301 — 40-13-304) › Section 40-13-303 - Mailing and filing of return

(a)
If served by an officer not of the county to which it is returnable, the return may be made by depositing the capias in any post office, sealed up, directed to the clerk of the court at the courthouse of the originating county with the title of the case endorsed on the envelope and the postage paid.
(b)
The undertaking of bail, if any, shall also be returned with each capias.
(c)
The postage paid upon process sent by mail shall constitute a part of the bill of costs.
(d)
The clerk of the court to whom packages are addressed according to this section shall take them from the post office and file them without delay.
Code 1858, §§ 5108-5111; Shan., §§ 7071-7074; Code 1932, §§ 11615-11618; T.C.A. (orig. ed.), §§ 40-1908 -- 40-1911.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 13 - INDICTMENTS (§§ 40-13-101 — 40-13-304) › Part 3 - CAPIAS (§§ 40-13-301 — 40-13-304) › Section 40-13-304 - Failure to execute capias

Any sheriff failing to execute the capias, from want of due diligence, commits a Class C misdemeanor.
Code 1858, § 5112; Shan., § 7075; Code 1932, § 11619; T.C.A. (orig. ed.), § 40-1912; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-101 - Speedy trial - Right to be heard

In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel.
Code 1858, § 4992 (deriv. Const. 1834, art. 1, § 9); Shan., § 6951; Code 1932, § 11492; T.C.A. (orig. ed.), § 40-2001.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-102 - Right to counsel

Every person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for the person's defense, as well to facts as to law.
Code 1858, § 5205 (deriv. Acts 1794, ch. 1, § 71); Shan., § 7169; Code 1932, § 11733; T.C.A. (orig. ed.), § 40-2002.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-104 - Access of spouse and counsel

The defendant's spouse and counsel, whether the counsel is employed by the defendant or appointed by the court, shall be allowed access to the defendant at all reasonable hours.
Code 1858, § 5207; Shan., § 7171; Code 1932, § 11735; T.C.A. (orig. ed.), § 40-2004.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-105 - Time before trial - Noncapital offenses

Every person accused of any crime or misdemeanor whatsoever shall be entitled to fourteen (14) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense.
Acts 1949, ch. 189, § 1; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 1; T.C.A. (orig. ed.), § 40-2005.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-106 - Time before trial - Capital offenses

Every person accused of any offense for which the punishment may be death shall be entitled to twenty-one (21) full days, Sundays and legal holidays excluded, after arrest and the return of the indictment or presentment before being tried for the offense.
Acts 1949, ch. 189, § 2; mod. C. Supp. 1950, § 11736.1 (Williams, § 11760.2); Acts 1976, ch. 482, § 2; T.C.A. (orig. ed.), § 40-2006.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-107 - Applicability of time allowance - Waiver

(a)
This section and §§
40-14-105
and
40-14-106
only apply to criminal cases in a court of record.
(b)
Nothing in this section, §
40-14-105
or §
40-14-106
shall prevent any person so indicted or presented from waiving the provisions of this section, §
40-14-105
or §
40-14-106
.
(c)
This section and §§
40-14-105
and
40-14-106
do not apply to persons entering a plea of guilty.
Acts 1949, ch. 189, § 3; C. Supp. 1950, § 11736.1 (Williams, § 11760.2); T.C.A. (orig. ed.), § 40-2007.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 1 - GENERAL PROVISIONS (§§ 40-14-101 — 40-14-109) › Section 40-14-108 - Continuance because of prejudicial excitement

A continuance because of too great excitement to the prejudice of the defendant shall be in the sound discretion of the court.
Acts 1875, ch. 6, § 1; Shan., § 7172; Code 1932, § 11736; T.C.A. (orig. ed.), § 40-2009.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Indigent person" means any person who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney; and
(2)
"Public defender" means any attorney appointed or elected under any act of the general assembly or any provision of a metropolitan charter to represent indigent persons accused of crime.
Acts 1965, ch. 217, § 1; T.C.A., § 40-2014.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-203 - Scope of representation

Any attorney appointed to represent any person under this part shall proceed to counsel with and represent the person at all stages of the proceedings before the court which appointed the attorney and also upon any appeal from the judgment of the court which imposes a prison sentence. Appointed counsel is required to represent the defendant only through the initial appellate review and is not required to pursue the matter through a second tier discretionary appeal by applying to the supreme court for writ of certiorari.
Acts 1965, ch. 217, § 5; 1976, ch. 645, § 1; T.C.A., § 40-2018.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-204 - Proceedings for writs

In all proceedings for the writ of habeas corpus or the writ of error coram nobis, the court having jurisdiction of those matters shall determine the question of indigency and appoint counsel, if necessary, in the manner set out in this part.
Acts 1965, ch. 217, § 6; T.C.A., § 40-2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-205 - Withdrawal of counsel - Replacement by court

(a)
The court may, upon good cause shown, permit an attorney appointed under this part to withdraw as counsel of record for the accused. If any attorney is permitted to withdraw, the court shall, in the manner contained in §
40-14-202
, immediately appoint another attorney in the former attorney's place.
(b)
The court may, upon its own motion, replace any attorney appointed under this part if the court deems replacement of the attorney necessary to preserve the rights of the accused.
Acts 1965, ch. 217, §§ 7, 8; T.C.A., §§ 40-2020, 40-2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-206 - Rules to be prescribed by supreme court

The supreme court shall prescribe by rule the nature of the expenses for which reimbursement may be allowed under this part, and the limitations on and conditions for reimbursement as it deems appropriate and in the public interest, subject to this part. The rules shall also specify the form and content of applications for reimbursement or compensation to be filed under this part. The court may adopt other rules with regard to the accomplishment of the purposes of this part as it deems appropriate in the public interest. The rules shall provide for compensation for appointed counsel, not otherwise compensated, in all cases where appointment of counsel is required by law.
Acts 1965, ch. 217, § 9; T.C.A., § 40-2022; Acts 1986, ch. 878, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-207 - Compensation - Necessary services for indigent defendants

(a)
Other than public defenders and post-conviction defenders, attorneys appointed under this part shall be entitled to reasonable compensation for their services prior to trial, at trial, and during the appeal of the cause and shall be entitled to reimbursement for their reasonable and necessary expenses in accordance with the rules of the supreme court.
(b)
In capital cases where the defendant has been found to be indigent by the court of record having jurisdiction of the case, the court in an
ex parte
hearing may, in its discretion, determine that investigative or expert services or other similar services are necessary to ensure that the constitutional rights of the defendant are properly protected. If that determination is made, the court may grant prior authorization for these necessary services in a reasonable amount to be determined by the court. The authorization shall be evidenced by a signed order of the court. The order shall provide for the reimbursement of reasonable and necessary expenses by the administrative director of the courts as authorized by this part and rules promulgated thereunder by the supreme court.
Acts 1965, ch. 217, § 10; 1973, ch. 248, § 1; T.C.A., § 40-2023; Acts 1984, ch. 925, § 1; 1986, ch. 878, §§ 3, 4; 1988, ch. 996, §§ 1-3; 1992, ch. 965, § 2; 1993, ch. 66, §§ 51, 52; 2005, ch. 104, § 1.