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Tennessee · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Tenn. Code Ann. § 39-13-205: Waiver of jury trials of first degree murder

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Where this section sits in the code
  1. TN Code
  2. Title 39
  3. Chapter 13

(a) In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense.

(b) After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.

(c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived.

Collected 2026-09-14T18:32:26Z. Source file · JSON

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