Tennessee Code Annotated
Tenn. Code Ann. § 16-5-108 (2026)
Jurisdiction
✓ current as of May 2026
- (a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:
- (1) Criminal cases, both felony and misdemeanor;
- (2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case;
- (3) Civil or criminal contempt arising out of a criminal matter; and
- (4) Extradition cases.
- (b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law.
Acts 1967, ch. 226, § 8; 1971, ch. 156, § 1; T.C.A., § 16-448; Acts 1989, ch. 40, § 1; 1994, ch. 609, § 1.
Notes of Decisions
Cited in 114
cases (23 in the last 5 years), 1982–2026 · leading case: Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009).
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “Tennessee Code Annotated section 16-5-108(a)(2) (1994) grants the Court of Criminal Appeals appellate jurisdiction in post-conviction cases as cases “instituted with reference to or arising out of a criminal case.”
State v. Comer, 278 S.W.3d 758 (Tenn. Crim. App. 2008). “Of course, the requirement of a final criminal conviction judgment emanates from Tennessee Code Annotated section 16-5-108 as much as it does from Rule of Appellate Procedure 3(b).”
State v. Yoreck, 133 S.W.3d 606 (Tenn. 2004). “See Tenn.Code Ann. § 16-5-108(a)(1) (1994) (providing that “[t]he jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts” in criminal cases).”
State of Tennessee v. Perry A. March, 293 S.W.3d 576 (Tenn. Crim. App. 2008). “” T.C.A. § 16-5-108(a) (1994) (emphasis added).”
State v. Bryant, 805 S.W.2d 762 (Tenn. 1991). “Furthermore, Tenn. Code Ann. § 16-5-108 (a) provides that "the jurisdiction of the Court of Criminal Appeals shall .”
State v. Irick, 906 S.W.2d 440 (Tenn. 1995). “is limited to appellate matters only, pursuant to Tenn. Code Ann. § 16-5-108 . Accordingly, this court may entertain a request for a writ of mandamus only if it is necessary to aid the exercise of its appellate function.”
Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). “Finally, he contends that such an interpretation violates Article I, Section 8 and Article XI, Section 8 of the Tennessee Constitution.”
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “1972) (interpreting the predecessor statute to Tenn.Code Ann. § 16-5-108(a)(2)); see also Indemnity Ins.”
State v. Lane, 254 S.W.3d 349 (Tenn. 2008). “See Tenn.Code Ann. § 16-5-108(a) (1994) ("The jurisdiction of the court of criminal appeals shall be appellate only”); State v.”
Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005). “226, § 1 (codified as Tenn.Code Ann. § 16-5-101 (1994)). The Court of Criminal Appeals has jurisdiction of civil or criminal contempt arising out of a criminal matter.”
McBee v. State, 655 S.W.2d 191 (Tenn. Crim. App. 1983). “TCA § 16-5-108(a)(l). Further, appointed counsel is not required to pursue appellate review beyond the first tier.”
Lovin v. State, 286 S.W.3d 275 (Tenn. 2009). “Lovin decided to represent himself with full knowledge and understanding that he was waiving his right to counsel and of the other consequences of his decision to represent himself on appeal from the denial of his petition for post-conviction relief.”
— Tenn. Code Ann. § 16-5-108(a) — 16 cases
State of Tennessee v. Perry A. March, 293 S.W.3d 576 (Tenn. Crim. App. 2008). “” T.C.A. § 16-5-108(a) (1994) (emphasis added).”
Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). “Finally, he contends that such an interpretation violates Article I, Section 8 and Article XI, Section 8 of the Tennessee Constitution.”
State v. Lane, 254 S.W.3d 349 (Tenn. 2008). “See Tenn.Code Ann. § 16-5-108(a) (1994) ("The jurisdiction of the court of criminal appeals shall be appellate only”); State v.”
Lovin v. State, 286 S.W.3d 275 (Tenn. 2009). “Lovin decided to represent himself with full knowledge and understanding that he was waiving his right to counsel and of the other consequences of his decision to represent himself on appeal from the denial of his petition for post-conviction relief.”
State v. Bryant, 805 S.W.2d 762 (Tenn. 1991). “Furthermore, Tenn. Code Ann. § 16-5-108 (a) provides that "the jurisdiction of the Court of Criminal Appeals shall .”
— Tenn. Code Ann. § 16-5-108(a)(1) — 15 cases
State v. Yoreck, 133 S.W.3d 606 (Tenn. 2004). “See Tenn.Code Ann. § 16-5-108(a)(1) (1994) (providing that “[t]he jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts” in criminal cases).”
State of Tennessee v. Rodney N. (Tenn. Crim. App. 2010).
Gary W. Robinson, III v. State of Tennessee (Tenn. Crim. App. 2016).
State of Tennessee v. Marvin E. Potter, Jr. (Tenn. Crim. App. 2016).
In Re: AAA Bonding Co. (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 16-5-108(a)(2) — 13 cases
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “Tennessee Code Annotated section 16-5-108(a)(2) (1994) grants the Court of Criminal Appeals appellate jurisdiction in post-conviction cases as cases “instituted with reference to or arising out of a criminal case.”
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “1972) (interpreting the predecessor statute to Tenn.Code Ann. § 16-5-108(a)(2)); see also Indemnity Ins.”
In Re Sanford & Sons Bail Bonds, Inc., 96 S.W.3d 199 (Tenn. Crim. App. 2002).
Slagle v. Reynolds, 845 S.W.2d 167 (Tenn. 1992).
State v. Millsaps, 920 S.W.2d 267 (Tenn. Crim. App. 1995).
— Tenn. Code Ann. § 16-5-108(a)(2)(1997) — 1 case
In Re Paul's Bonding Co., Inc., 62 S.W.3d 187 (Tenn. Crim. App. 2001). “1972) (interpreting the predecessor statute to Tenn.Code Ann. § 16-5-108(a)(2)); see also Indemnity Ins.”
— Tenn. Code Ann. § 16-5-108(a)(3) — 3 cases
Overnite Transp. Co. v. Teamsters Local Union No. 480, 172 S.W.3d 507 (Tenn. 2005). “226, § 1 (codified as Tenn.Code Ann. § 16-5-101 (1994)). The Court of Criminal Appeals has jurisdiction of civil or criminal contempt arising out of a criminal matter.”
Crabtree v. Crabtree, 716 S.W.2d 923 (Tenn. Ct. App. 1986).
Sitton v. Finley, 743 S.W.2d 933 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 16-5-108(a)(l) — 4 cases
State v. Comer, 278 S.W.3d 758 (Tenn. Crim. App. 2008). “Of course, the requirement of a final criminal conviction judgment emanates from Tennessee Code Annotated section 16-5-108 as much as it does from Rule of Appellate Procedure 3(b).”
State v. Yoreck, 133 S.W.3d 606 (Tenn. 2004). “See Tenn.Code Ann. § 16-5-108(a)(1) (1994) (providing that “[t]he jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts” in criminal cases).”
McBee v. State, 655 S.W.2d 191 (Tenn. Crim. App. 1983). “TCA § 16-5-108(a)(l). Further, appointed counsel is not required to pursue appellate review beyond the first tier.”
State v. Keller, 813 S.W.2d 146 (Tenn. Crim. App. 1991).
— Tenn. Code Ann. § 16-5-108(b) — 1 case
Demarcus Keyon Cole v. Julian Wiser, Sheriff (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 16-5-108(c) — 3 cases
State v. Lyons, 802 S.W.2d 590 (Tenn. 1990).
State v. Thomas, 635 S.W.2d 114 (Tenn. 1982).
State v. Walker, 893 S.W.2d 429 (Tenn. 1995).
— Tenn. Code Ann. § 16-5-108(e) — 1 case
State v. Phillips, 968 S.W.2d 874 (Tenn. Crim. App. 1996).
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