by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Timing of Motion. The trial court may reduce a sentence upon motion filed within 120 days after the date the sentence is imposed or probation is revoked. No extensions shall be allowed on the time limitation. No other actions toll the running of this time...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Grounds. The court on motion of a defendant shall arrest judgment if:(1) the indictment, presentment or information does not charge an offense; or(2) the court was without jurisdiction of the charged offense.(b) Procedures. The motion to arrest judgment may be...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Motion for a New Trial. On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Sentence for Offense Committed Before July 1, 1982. Upon a verdict or plea of guilty, sentence shall be set as provided by law. In any case wherein an appeal lies, and the law permits a suspended sentence, if the defendant desires to petition for a suspended...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Unanimity. The jury’s verdict shall be unanimous.(b) Return in Open Court. The jury shall return the verdict to the judge in open court.(c) Multiple Defendants. If there are multiple defendants, the jury may return a verdict at any time during its...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
Unless for good cause the court determines otherwise, the jury shall take to the jury room for examination during deliberations all exhibits and writings, except depositions, that have been received in evidence.Tenn. R. Crim. P. 30.1Advisory Commission Comment. This...
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