Tennessee Code Annotated

Tenn. Code Ann. § 40-14-203 (2026)

Scope of representation

✓ current as of May 2026
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Any attorney appointed to represent any person under this part shall proceed to counsel with and represent the person at all stages of the proceedings before the court which appointed the attorney and also upon any appeal from the judgment of the court which imposes a prison sentence. Appointed counsel is required to represent the defendant only through the initial appellate review and is not required to pursue the matter through a second tier discretionary appeal by applying to the supreme court for writ of certiorari.

Acts 1965, ch. 217, § 5; 1976, ch. 645, § 1; T.C.A., § 40-2018.


Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1983–2026 · leading case: Guadalupe Arroyo v. State of Tennessee, 434 S.W.3d 555 (Tenn. 2014).
Guadalupe Arroyo v. State of Tennessee, 434 S.W.3d 555 (Tenn. 2014). · cites it 4× “Tenn. Code Ann. § 40-14-203 (2012); see also Collins v.”
State v. Gillespie, 898 S.W.2d 738 (Tenn. Crim. App. 1994). · cites it 4× “Tenn. Code Ann. § 40-14-203 and -204. Yet on December 11, 1992, he filed a handwritten “petition to proceed .”
McBee v. State, 655 S.W.2d 191 (Tenn. Crim. App. 1983). · cites it 2× “TCA § 40-14-203. The trial judge properly disallowed the amendment to the petition.”
Lovin v. State, 286 S.W.3d 275 (Tenn. 2009). · cites it 2× “1995); see Tenn. Code Ann. § 40-14-203 (2006). While the constitutional protection of the right to counsel does not extend to post-conviction proceedings, Pennsylvania v.”
State v. Matson, 729 S.W.2d 281 (Tenn. Crim. App. 1986). · cites it 2× “Last, petitioner complains that his trial counsel was ineffective for failing to advise him of his right to pursue an appeal to the United States Supreme Court. In Collins v. State, 670 S.”
Collins v. State, 670 S.W.2d 219 (Tenn. 1984). · cites it 2× “Stambaugh, voluntarily and knowingly waived his right to seek a new trial or to appeal his conviction for the reason that he was satisfied with the verdict and judgment and did not desire a new trial, there was no cause or occasion for anyone to advise him of his right to be…”
State v. Brown, 653 S.W.2d 765 (Tenn. Crim. App. 1983). · cites it 2× “The transcript of evidence at an eviden-tiary hearing is of little assistance except to confirm that neither defendant nor his appointed trial counsel recollect the exact content of the communications between them or the nature of the advice given to defendant by his counsel.”
Allen v. McWilliams, 715 S.W.2d 28 (Tenn. 1986). · cites it 2× “” Under T.C.A. § 40-14-203 any attorney so appointed shall represent the accused “at all stages of the proceedings before the court which appointed him, and also upon any appeal from the judgment of such court which imposes a prison sentence.”
State v. Edward Drummer, 6 S.W.3d 520 (Tenn. Crim. App. 1999). · cites it 2× “Furthermore, Tennessee Code Annotated section 40-14-203, made applicable to post-conviction cases by Tennessee Code Annotated section 40-30-215, entitles this Petitioner to counsel on the direct appeal from the denial of this, his first petition for post-conviction relief.”
Howard Hawk Willis v. State of Tennessee (Tenn. Crim. App. 2016). · cites it 2× “” See T.C.A. § 40-14-203 (“Appointed counsel is required to represent the defendant only through the initial appellate review and is not required to pursue the matter through a second tier discretionary appeal by applying to the supreme court for writ of certiorari.”
Marvin Christopher Long v. State of Tennessee (Tenn. Crim. App. 2018). · cites it 2× “Notably, Tennessee Code Annotated section 40-14-203 requires appointed counsel to represent a defendant only through the first tier appellate review but does not require counsel “to pursue the matter through a second tier discretionary appeal by applying to the supreme court for…”
State of Tennessee v. Terrance Terrell King (Tenn. Crim. App. 2023). · cites it 2× “Consequently, he contends that he is entitled to an appeal as of right per Tennessee Code Annotated section 40-14-203, which provides that an “attorney appointed to represent any person under this part shall proceed to counsel with and represent the person at all stages of the…”
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