Tennessee Code Annotated
Tenn. Code Ann. § 27-3-131 (2026)
Appeals in misdemeanor cases - Trial de novo - Jury trial
✓ current as of May 2026
- (a) Notwithstanding Rule 5(c)(2) of the Tennessee Rules of Criminal Procedure to the contrary, the defendant may in any case covered by such rule appeal a verdict of guilty or the sentence imposed or both to the circuit or criminal court for a trial de novo with or without a jury.
- (b) Demand for a jury trial shall be made at the time of filing an appeal under § 27-5-108, to the circuit or criminal court. If such demand is not made at the time of filing the appeal, the right to a trial by jury is waived.
Acts 1984, ch. 879, §§ 1, 2; 1985, ch. 397, § 1.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1997–2024 · leading case: State v. Wood, 91 S.W.3d 769 (Tenn. Ct. App. 2002).
State v. Wood, 91 S.W.3d 769 (Tenn. Ct. App. 2002). “Therefore, these statutes/rules did not give the Criminal Court of Davidson County the jurisdiction to hear the appeal of the contempt charges arising from the violations of the General Sessions Court’s order of protection.”
City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998). “Tenn.Code Ann. § 27-3-131 (1997 Supp.); § 27-5-108 (1980 Repl.”
State v. Jarnigan, 958 S.W.2d 135 (Tenn. Crim. App. 1997). “Tenn.Code Ann. § 27-3-131(a). In such a case, if a defendant desires a jury trial in the circuit or criminal court, the Defendant must make demand for a jury trial at the time of the filing of the appeal.”
State of Tennessee v. Tommy Powell (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 27-3-131 . However, there is no right to trial by jury for “small offenses.”
Kisha Dean Trezevant v. Stanley H. Trezevant, III (Tenn. Ct. App. 2024). “Wood, this Court held that, because criminal contempt proceedings “are not fully criminal,” such proceedings did not fall under Tennessee Code Annotated section 27-3-131 or Tennessee Rule of Criminal Procedure 5(c)(2), “which provide for misdemeanor appeals from the general…”
State v. Stephen Bart Wood (Tenn. Ct. App. 2001). “§ 27-3-131 applies to misdemeanor cases, and declares that in such cases, “the defendant may .”
State of Tennessee v. Robert Banks (Tenn. Crim. App. 2004). “See Tenn. Code Ann. § 27-3-131 (b) (2000); State v.”
Barry Wells v. Ron Rickard (Tenn. Crim. App. 1997). “Tenn. Code Ann. § 27-3-131 (Supp. 1996). The petitioner's reliance upon State ex rel.”
State of Tennessee v. Eric Florence (Tenn. Crim. App. 1998). “Tennessee Code Annotated § 27-3-131 provides as follows: (a) Notwithstanding Rule 5(c)(2) of the Tennessee Rules of Criminal Procedure to the contrary, the defendant may in any case covered by such rule appeal a verdict of guilty or the sentence imposed or both to the circuit or…”
— Tenn. Code Ann. § 27-3-131(a) — 3 cases
State v. Wood, 91 S.W.3d 769 (Tenn. Ct. App. 2002). “Therefore, these statutes/rules did not give the Criminal Court of Davidson County the jurisdiction to hear the appeal of the contempt charges arising from the violations of the General Sessions Court’s order of protection.”
State v. Jarnigan, 958 S.W.2d 135 (Tenn. Crim. App. 1997). “Tenn.Code Ann. § 27-3-131(a). In such a case, if a defendant desires a jury trial in the circuit or criminal court, the Defendant must make demand for a jury trial at the time of the filing of the appeal.”
State v. Stephen Bart Wood (Tenn. Ct. App. 2001). “§ 27-3-131 applies to misdemeanor cases, and declares that in such cases, “the defendant may .”
— Tenn. Code Ann. § 27-3-131(b) — 1 case
State v. Jarnigan, 958 S.W.2d 135 (Tenn. Crim. App. 1997). “Tenn.Code Ann. § 27-3-131(a). In such a case, if a defendant desires a jury trial in the circuit or criminal court, the Defendant must make demand for a jury trial at the time of the filing of the appeal.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.