Tennessee § 40-26-102 - Bail in felony cases.

§ 40-26-102. Bail in felony cases.

In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary. The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community. Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal. The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure. The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court. If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i), the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings. Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1974, ch. 734, § 1; 1976, ch. 774, § 2; 1978, ch. 578, § 1; 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3406; Acts 1992, ch. 851, § 1. Compiler's Notes. This section may be affected by Tenn. R. Crim. P. 32. Cross-References. Initiation of an appeal as of right, release in criminal cases, T.R.A.P. 3, 8. Penalty for Class A felony, § 40-35-111 Procedure for admission to bail, title 40, ch. 11, part 1. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.1, 31.51, 33.104. Tennessee Jurisprudence, 4 Tenn. Juris., Bail and Recognizance, §§ 4, 5. Law Reviews. A Survey of Civil Procedure in Tennessee — 1977, IX. Miscellaneous (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 405.