In addition to the jurisdiction in criminal cases as conferred in §§ 16-15-401 and 16-15-501, the court of general sessions is vested with jurisdiction to try and determine and render final judgment in all misdemeanor cases brought before the court by warrant or information where the person charged with the misdemeanor enters a plea of guilty in writing or requests a trial upon the merits and expressly waives an indictment, presentment, grand jury investigation and jury trial. The waiver shall be in writing as provided in Rule 5 of the Tennessee Rules of Criminal Procedure. In such cases, the trial shall proceed before the court without the intervention of a jury, and the court shall enter judgment, and, as an incident thereto, may inflict punishment within the limits provided by law for the particular offense as the court may determine proper under the peculiar circumstances of the case.
Code 1858, §4969; Shan., § 6930; mod. Code 1932, § 11469; Acts 1959, ch. 109, § 5; 1967, ch. 360, § 1; 1969, ch. 214, §1; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§40-117, 40-118; Acts 1983, ch. 334, § 1; 1993, ch. 241, § 56.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1987–2025 · leading case:
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004).
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004).
· cites it 2× “See Tenn.Code Ann. § 40-1-109 (1982 & 1986 Supp.”
Thomas v. Haslam, 303 F. Supp. 3d 585 (M.D. Tenn. 2018).
· cites it 2× “See Tenn. Code Ann. § 40-1-109 (explaining general sessions jurisdiction over certain misdemeanor matters).”
State v. Morrow, 75 S.W.3d 919 (Tenn. 2002).
· cites it 4× “Tenn.Code Ann. § 40-1-109 (2000). Otherwise, the defendant will be tried in either a circuit or criminal court.”
State v. McClintock, 732 S.W.2d 268 (Tenn. 1987).
· cites it 2× “T.C.A. § 40-1-109. These courts have the authority to enter and effectuate judgments in such cases.”
City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998).
· cites it 4× “Tenn.Code Ann. § 40-1-109 (1997 Repl.). Except as specifically provided by statute, all state misdemeanor offenses are punishable by incarceration.”
Thomas v. Haslam, 329 F. Supp. 3d 475 (M.D. Tenn. 2018).
· cites it 2× “See Tenn. Code Ann. § 40-1-109 (explaining general sessions jurisdiction over certain misdemeanor matters).”
State of Tennessee v. William A. Tansil, 72 S.W.3d 665 (Tenn. Crim. App. 2001).
· cites it 2× “See Tenn.Code Ann. § 40-1-109. Regularity of criminal proceedings in general sessions court is presumed when it appears on the face of the proceedings that the court had jurisdiction over the subject matter and the parties.”
State of Tennessee v. Shawn P. Bradley (Tenn. Crim. App. 2017).
· cites it 2× “” See T.C.A. § 40-1-109. Therefore, the 2014 judgment form was facially valid, and “[t]he authorized route for attacking a facially valid, final judgment of conviction is by the Post-Conviction Procedure Act.”
State of Tennessee v. Destiny Sharina Williams (Tenn. Crim. App. 2025).
· cites it 2× “June 24, 2009) (noting that Tennessee Code Annotated section 40-1-109 provides that a general sessions court has jurisdiction to try and render final judgment in all misdemeanor cases and only when the defendant requests a trial upon the merits and expressly waives an…”
State of Tennessee v. Ricky Lynn Norwood, Alias (Tenn. Crim. App. 2006).
· cites it 2× “(citing Tennessee Code Annotated section 40-1-109(a), which provides that a general sessions court has jurisdiction to render final judgments in misdemeanors).”
— Tenn. Code Ann. § 40-1-109(a) — 1 case
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