Tennessee Code Annotated

Tenn. Code Ann. § 40-14-102 (2026)

Right to counsel

✓ current as of May 2026
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Every person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for the person's defense, as well to facts as to law.

Code 1858, § 5205 (deriv. Acts 1794, ch. 1, § 71); Shan., § 7169; Code 1932, § 11733; T.C.A. (orig. ed.), § 40-2002.


Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1987–2023 · leading case: State v. Jones, 726 S.W.2d 515 (Tenn. 1987).
State v. Jones, 726 S.W.2d 515 (Tenn. 1987). · cites it 2× “See T.C.A. § 40-14-102 et seq. Vanvabry v. Staton, 88 Tenn.”
William Craig v. Miranda McCabe (Tenn. Ct. App. 2023). · cites it 2× “” See Tenn. Code Ann § 40-14-102 (a) (2021). 3.”
James Phillip Hunter v. State (Tenn. Crim. App. 2010). · cites it 2× “” -6- Additionally, Tenn. Code Ann. § 40-14-102 provides, “[e]very person accused of any crime or misdemeanor whatsoever is entitled to counsel in all matters necessary for such person's defense, as well to facts as to law.”
Asata D. Lowe v. State of Tennessee (Tenn. Crim. App. 2022). “; that his judgments were imposed in “direct convention” of Tennessee Rule of Criminal Procedure 44 and Code sections 40-14-102 et. seq. and 40-14-202 et.”
Spooner v. State (Tenn. Crim. App. 1998). · cites it 2× “Additionally, Tenn. Code Ann. § 40-14-102 provides: "Every person accused of any crime or m isdemea nor whatso ever is entitled to couns el in all matters neces sary for su ch pers on's defe nse, as w ell to facts as to law.”
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