by admin | May 14, 2021 | Criminal Procedure, Tennessee
Tenn. R. Crim. P. 40
by admin | May 14, 2021 | Criminal Procedure, Tennessee
Tenn. R. Crim. P. 39
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Certiorari to Trial Court. A defendant who seeks and is denied pre-trial diversion pursuant to T.C.A. ยง 40-15-105 may petition for a writ of certiorari to the trial court for an abuse of prosecutorial discretion.(b) Appeal.(1)Interlocutory Appeal. If the trial...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Definition of an Appeal. An “appeal” refers to direct appellate review available as a matter of right, appeals in the nature of writs of error, and all other direct appeals in criminal cases(b) When an Appeal Lies. The defendant or the state may appeal...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a)(1) Either the defendant or the state may seek to correct an illegal sentence by filing a motion to correct an illegal sentence in the trial court in which the judgment of conviction was entered. Except for a motion filed by the state pursuant to subdivision (d) of...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
After giving any notice it considers appropriate, the court may at any time correct clerical mistakes in judgments, orders, or other parts of the record, and errors in the record arising from oversight or omission. Upon filing of the corrected judgment or order, or...
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