HB0258Enacted

Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35.

This bill removes the intermediate appeal to the court of criminal appeals in death penalty cases and provides for automatic direct review by the Tennessee supreme court for convictions for which a sentence of death is imposed, as detailed below. <br /> <br /> Under present law, whenever the death penalty is imposed for first degree murder and when the judgment has become final in the trial court, the defendant has the right of direct appeal from the trial court to the court of criminal appeals. The affirmance of the conviction and sentence of death are automatically reviewed by the Tennessee supreme court. Upon the affirmance of the court of criminal appeals, the clerk dockets the case in the supreme court and the case proceeds in accordance with the Tennessee Rules of Appellate Procedure.<br /> <br /> This bill removes the direct appeal from the trial court to the court of criminal appeals and instead provides that when the judgment has become final in the trial court, the conviction and the sentence of death will be automatically reviewed by the supreme court.<br /> <br /> This bill will apply to convictions for actions committed on or after July 1, 2019.<br /> <br />

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Overview

This bill removes the intermediate appeal to the court of criminal appeals in death penalty cases and provides for automatic direct review by the Tennessee supreme court for convictions for which a sentence of death is imposed, as detailed below. <br /> <br /> Under present law, whenever the death penalty is imposed for first degree murder and when the judgment has become final in the trial court, the defendant has the right of direct appeal from the trial court to the court of criminal appeals. The affirmance of the conviction and sentence of death are automatically reviewed by the Tennessee supreme court. Upon the affirmance of the court of criminal appeals, the clerk dockets the case in the supreme court and the case proceeds in accordance with the Tennessee Rules of Appellate Procedure.<br /> <br /> This bill removes the direct appeal from the trial court to the court of criminal appeals and instead provides that when the judgment has become final in the trial court, the conviction and the sentence of death will be automatically reviewed by the supreme court.<br /> <br /> This bill will apply to convictions for actions committed on or after July 1, 2019.<br /> <br />

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Sponsor

Littleton, Mary

Details
Session

111th General Assembly

Introduced

January 29, 2019

Last Action

April 15, 2019

Pub. Ch. 140

Subjects
Criminal ProcedureTitles, ShortSentencing

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HB0258: Amends TCA Title 39, Chapter 13, Part 2 and Title 40, Chapter 35. | LegisGo