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Tennessee Code Annotated

Tenn. Code Ann. § 27-1-123 (2026)

Notice of appeal not jurisdictional

✓ current as of May 2026
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Notwithstanding any other provision of law or rule of court to the contrary, in all criminal cases the "notice of appeal" document is not jurisdictional and the filing of such document may be waived in the interests of justice. The appropriate appellate court shall be the court that determines whether such a waiver is in the interests of justice.

Acts 1983, ch. 417, § 1.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1984–2026 · leading case: State v. Dodson, 780 S.W.2d 778 (Tenn. Crim. App. 1989).
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State v. Dodson, 780 S.W.2d 778 (Tenn. Crim. App. 1989). · cites it 2× “T.C.A. § 27-1-123 (Supp.1988); Tenn.R. App.”
Crittenden v. State, 978 S.W.2d 929 (Tenn. 1998). · cites it 2× “See also Tenn.Code Ann. § 27-1-123 (Supp. 1997). Although the appellant initially decided to waive his right to appeal, he changed his mind during the period in which he did not have the advice of counsel.”
Wilson v. Ricciardi, 778 S.W.2d 450 (Tenn. Ct. App. 1989). · cites it 2× “Ricciardi had not treated the Plaintiff since July, 1984. The issues are found in favor of the Appellee and the judgment of the trial court is affirmed.”
State v. Hix, 696 S.W.2d 22 (Tenn. Crim. App. 1984). · cites it 2× “See T.C.A. § 27-1-123 (Supp.1983). With our findings that the evidence was insufficient to support the convictions and the prosecution was barred by the statute of limitations, the judgment of the trial court is reversed and dismissed.”
State v. Burrow, 769 S.W.2d 510 (Tenn. Crim. App. 1989). · cites it 2× “This rule tracks T.C.A. § 27-1-123, which likewise provides for waiving the notice of appeal in criminal cases.”
Meyer v. Bryson, 891 S.W.2d 223 (Tenn. Ct. App. 1994). · cites it 2× “Our resolution of the issues presented by the appellants, however, pretermit all of the appellees’ issues except for the question of whether or not this is a frivolous appeal pursuant to T.C.A. § 27-1-123. Upon consideration, we are of the opinion that this is not an appropriate…”
Roy Robinson v. State of Tennessee, No. W2024-01916-CCA-R3-PC (Tenn. Crim. App. June 22, 2026). · cites it 15× “417, § 1; Tenn. Code Ann. § 27-1-123 . The Court of Appeals later held that the enactment of section 27-1-123 “caused Tenn.”
In Re Bentley D., 537 S.W.3d 907 (2017). “4(a); 4 see Tenn. Code Ann. § 27-1-123 (“Notwithstanding any other provision of law or rule of court to the contrary, in all criminal cases the ‘notice of appeal’ document is not jurisdictional and the filing of such document may be waived in the interests of justice.”
State of Tennessee v. Paul Fred Chappell, No. E2010-02462-CCA-R3-CD (Tenn. Crim. App. Jan. 18, 2012). · cites it 2× “See T.C.A. § 27-1-123; Tenn. R. App. P. 4 (The notice of appeal is not jurisdictional in criminal cases, and the timely filing of it may be waived in the interest of justice).”
State of Tennessee v. Jerry McGaha, No. E2009-02553-CCA-R3-PC (Tenn. Crim. App. Dec. 7, 2011). · cites it 2× “” T.C.A. § 27-1-123; see also Tenn. R. App.”
Lovard Deanta Horton v. State of Tennessee, No. M2010-01298-CCA-R3-PC (Tenn. Crim. App. Mar. 7, 2011). · cites it 2× “” T.C.A. § 27-1-123; see also Tenn. R. App.”
State of Tennessee v. John W. Couch, No. M2009-01830-CCA-R3-CD (Tenn. Crim. App. June 2, 2010). · cites it 2× “” T.C.A. § 27-1-123; see also Tenn. R. App.”
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