Tennessee Code Annotated
Tenn. Code Ann. § 40-18-118 (2026)
Peremptory challenges
✓ current as of May 2026
Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and the state is entitled to fifteen (15) peremptory challenges for each such defendant. If the offense charged is punishable by imprisonment for more than one (1) year but not by death, each defendant is entitled to eight (8) peremptory challenges, and the state is entitled to eight (8) peremptory challenges for each defendant. If the offense charged is punishable by imprisonment for less than one (1) year or by fine, or both, each side is entitled to three (3) peremptory challenges for each defendant.
Acts 1995, ch. 339, § 1.
Notes of Decisions
Cited in 19
cases, 1994–2020 · leading case: State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012).
State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012). “Tenn.Code Ann. § 40-18-118 (1997); see also Tenn.”
State v. Ruane, 912 S.W.2d 766 (Tenn. Crim. App. 1995). “§ 40-2519 [now T.C.A. § 40-18-118(a) ]; Whitwell v. State, 520 S.”
State v. Belser, 945 S.W.2d 776 (Tenn. Crim. App. 1996). “§ 40-2519 [now Tenn.Code Ann. § 40-18-118(a) ]; Whitwell v.”
State v. Vance, 888 S.W.2d 776 (Tenn. Crim. App. 1994). “§ 40-2519; [now T.C.A. § 40-18-118(a) ] Whitwell v. State, 520 S.”
State v. Boyce, 920 S.W.2d 224 (Tenn. Crim. App. 1995). “§ 40-2519 [now T.C.A. § 40-18-118(a) ]; Whitwell v. State, 520 S.”
State of Tennessee v. Thomas Dee Huskey (Tenn. Crim. App. 2002). “-195- In 1995, after the offenses were committed but before the trial, the legislature amended Tenn. Code Ann. § 40-18-118 to increase the number of peremptory challenges for the state from four to eight in cases in which the offense charged was punishable by imprisonment for…”
State of Tennessee v. Pamela Taylor (Tenn. Crim. App. 2014). “T.C.A. § 40-18-118 (2010). In addition, Rule 24(e) states: Number of Peremptory Challenges.”
State of Tennessee v. Missy Daniella Lane (Tenn. Crim. App. 2019). “T.C.A. § 40-18-118 provides: Peremptory challenges Notwithstanding any other provision of law or rule of court to the contrary, in any case in which a defendant is charged with an offense punishable by death, the defendant is entitled to fifteen (15) peremptory challenges and…”
State of Tennessee v. Marty Lynn Ray (Tenn. Crim. App. 2020). “Santiago did not serve on the jury and the Defendant has not shown that any of the jurors were incompetent or biased, he is not entitled to relief on this basis. b. Peremptory challenges After a jury is provisionally seated, the parties are entitled to exercise peremptory…”
State v. Letivias Prince (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 40-18-118 provides: Peremptory challenges.”
State of Tennessee v. Raleigh Kristopher Frye (Tenn. Crim. App. 2012). “Peremptory Challenges The defendant next contends that the trial court erred by permitting the State to exercise four peremptory challenges in this misdemeanor case in contravention of Tennessee Code Annotated section 40-18-118 and Tennessee Rule of Criminal Procedure 24.”
State of Tennessee v, Tyrone Ralph Wright (Tenn. Crim. App. 2012). “The State responds that the Defendant expressly waived a jury instruction on facilitation by failing to request the instruction in writing pursuant to Tennessee Code Annotated section 40-18-118(c). A trial court is required to instruct on crimes “supported by the evidence.”
— Tenn. Code Ann. § 40-18-118(a) — 4 cases
State v. Ruane, 912 S.W.2d 766 (Tenn. Crim. App. 1995). “§ 40-2519 [now T.C.A. § 40-18-118(a) ]; Whitwell v. State, 520 S.”
State v. Belser, 945 S.W.2d 776 (Tenn. Crim. App. 1996). “§ 40-2519 [now Tenn.Code Ann. § 40-18-118(a) ]; Whitwell v.”
State v. Vance, 888 S.W.2d 776 (Tenn. Crim. App. 1994). “§ 40-2519; [now T.C.A. § 40-18-118(a) ] Whitwell v. State, 520 S.”
State v. Boyce, 920 S.W.2d 224 (Tenn. Crim. App. 1995). “§ 40-2519 [now T.C.A. § 40-18-118(a) ]; Whitwell v. State, 520 S.”
— Tenn. Code Ann. § 40-18-118(c) — 1 case
State of Tennessee v, Tyrone Ralph Wright (Tenn. Crim. App. 2012). “The State responds that the Defendant expressly waived a jury instruction on facilitation by failing to request the instruction in writing pursuant to Tennessee Code Annotated section 40-18-118(c). A trial court is required to instruct on crimes “supported by the evidence.”
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