2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-206 - Appeal and review of death sentence

(a)
(1)
Whenever the death penalty is imposed for an offense and when the judgment has become final in the trial court, the Tennessee supreme court shall automatically review the conviction and the sentence of death. Upon the conviction becoming final in the trial court, the clerk shall docket the case in the supreme court and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure.
(2)
If the defendant has been convicted of an offense and sentenced to death, the record as to guilt and sentence shall be expeditiously filed with the Tennessee supreme court within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of other offenses than the offense that is punishable by death at the same trial where a death sentence is imposed, the Tennessee supreme court has authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction for an offense that is punishable by death and sentence of death.
(b)
The appeal of the conviction for an offense that is punishable by death and the review of the sentence of death has priority over all other cases and shall be heard according to the rules promulgated by the Tennessee supreme court. The Tennessee supreme court shall first consider any errors assigned and then the court shall review the sentence of death.
(c)
(1)
In reviewing a sentence of death, the Tennessee supreme court shall determine whether:
(A)
The sentence of death was imposed in any arbitrary fashion;
(B)
The evidence supports the jury's finding of statutory aggravating circumstance or circumstances;
(C)
The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and
(D)
The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant.
(2)
The Tennessee supreme court may promulgate rules as it deems appropriate to establish such procedures as are necessary to enable it to properly review the death sentence.
(d)
In addition to its other authority regarding correction of errors, the Tennessee supreme court, in reviewing a death sentence, is authorized to:
(1)
Affirm the sentence of death; or
(2)
Modify the punishment to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
(e)
In the event that any provision of §§
39-13-202
- 39-13-205 or this section, or the application of the sections, to any individual or circumstance is held to be invalid or unconstitutional so as to permanently preclude a sentence of death as to that individual, the court having jurisdiction over the individual previously sentenced to death shall cause the individual to be brought before the proper court, which shall, following a sentencing hearing conducted in accordance with §
39-13-207
, sentence the person to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
Amended by 2024 Tenn. Acts, ch. 951,s 22, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 21, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 8, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.