B. APPEAL AS OF RIGHT
Rule 8: Release in Criminal Cases.
(a) Review of Release Orders by Defendant. Before or after conviction the prosecution or defendant may obtain review of an order entered by a trial court from which an appeal lies to the Supreme Court or Court of Criminal Appeals granting, denying, setting or altering conditions of defendant's release. Before conviction, as a prerequisite to review, a written motion for the relief sought on review shall first be presented to the trial court. After conviction and after the action is pending on appeal, a written motion may be made either in the trial court in which judgment was entered or in the appellate court to which the appeal has been taken. On entry of an order granting or denying a motion for a change in bail or other conditions of release, the trial court shall state in writing the reasons for the action taken.
Review may be had at any time before an appeal of any conviction by filing a motion for review in the Court of Criminal Appeals or, if an appeal is pending, by filing a motion for review in the appellate court to which the appeal has been taken. The motion for review shall be accompanied by a copy of the motion filed in the trial court, any answer in opposition thereto, and the trial court's written statement of reasons, and shall state: (1) the court that entered the order, (2) the date of the order, (3) the crime or crimes charged or of which defendant was convicted, (4) the amount of bail or other conditions of release, (5) the arguments supporting the motion, and (6) the relief sought. Review shall be had without briefs after reasonable notice to the other parties, who shall be served with a copy of the motion. The other parties may promptly file an answer. The court, on its own motion or on motion of any party, may order preparation of a transcript of all proceedings had in the trial court on the question of release. No oral argument shall be permitted except when ordered on the court's own motion. Review shall be completed promptly.
A party may appeal a Court of Criminal Appeals' decision on a motion for review by filing a motion for review in the Supreme Court within 15 days of filing of the Court of Criminal Appeals' order. The motion shall be accompanied by a copy of the trial court's order, the motion filed in the Court of Criminal Appeals, the order of the Court of Criminal Appeals, and all other documents (including transcripts) filed in the Court of Criminal Appeals on the issue of release. Review shall be had without briefs after reasonable notice to the other parties, who shall be served with a copy of the motion. The other parties may file an answer within 10 days of the filing of the motion in the Supreme Court. No oral argument shall be permitted except when ordered on the court's own motion. Review shall be completed promptly.
(b) Release of Defendant Pending Appeal by the State. A defendant shall not be held in jail or to bail during the pendency of an appeal by the state, or an application for permission to appeal by the state, unless there are compelling reasons for the defendant's continued detention or being held to bail.
(c) Release of Defendant Pending Review in the Supreme Court. Upon affirmance of the conviction of a defendant in the Court of Criminal Appeals, the defendant may be admitted to bail on bond pending the filing and disposition of an application for permission to appeal to the Supreme Court under Rule 11 upon such terms and under such conditions as shall be fixed by the Court of Criminal Appeals.
[As amended by order entered January 28, 2000, effective July 1, 2000.]
Advisory Commission Comments.
Subdivision (a). This subdivision governs appellate review of release orders entered both before and after conviction of a defendant. The purpose of this subdivision is to ensure the expeditious review of release orders. It permits review by a simple motion for review. Equally important for appellate review is the requirement that the trial court state the reasons for its decision. When review is sought before conviction, this subdivision contemplates that the initial determination of whether defendant is to be released is to be made by the trial court. The circumstances in which release may be obtained are governed by statute. See Tenn. Code Ann. §§ 40-1201 to 40-1247 [now §§ 40-11-101 —40-11-147], 40-3405 to 40-3408 [now §§ 40-26-101 —40-26-104] (1975 & Supp. 1978).
Subdivision (b). This subdivision is designed to protect the defendant's interest in his liberty pending appellate review sought by the state.
Advisory Commission Comments .
The third paragraph provides a method for appeal to the Supreme Court decisions on Rule 8 motions.Back to Top