Tennessee Code Annotated
Tenn. Code Ann. § 40-26-102 (2026)
Bail in felony cases
✓ current as of May 2026
- (a) In all felony cases where an appeal has been taken from the trial court to the appropriate appellate court, it is discretionary with the trial judge as to whether or not the trial judge will allow bail pending appeal where the sentence imposed provides for confinement in the state penitentiary.
- (b) The trial judge shall, in exercising the trial judge's discretion, consider whether or not the defendant is likely to flee or pose a danger to any other person or to the community.
- (c) Every trial judge denying bail under this section shall, as a part of the order denying bail, set forth the matters and facts impelling the trial judge to exercise the trial judge's discretion against the allowance of bail pending appeal.
- (d) The trial judge's action in the premises shall be reviewable by the proper appellate court or any appellate court judge or justice in the manner provided in the Tennessee Rules of Appellate Procedure.
- (e) The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year. If another felony charge is pending when the sentencing hearing for a felony involving a sentence of less than one (1) year is completed, the decision to set bail shall be in the discretion of the court.
- (f) If a defendant is convicted of first degree murder, any Class A felony, aggravated robbery, aggravated sexual battery, aggravated kidnapping, or a violation of § 39-17-417(b) or (i), the trial court shall revoke bail immediately notwithstanding sentencing hearings, motions for a new trial, and related post-guilt determination hearings.
Acts 1951, ch. 7, § 1 (Williams, § 11651.1); 1974, ch. 734, § 1; 1976, ch. 774, § 2; 1978, ch. 578, § 1; 1981, ch. 449, § 2; T.C.A. (orig. ed.), § 40-3406; Acts 1992, ch. 851, § 1.
Notes of Decisions
Cited in 5
cases (4 in the last 5 years), 2016–2025 · leading case: State of Tennessee v. Phillip Warren Trotter (Tenn. Crim. App. 2025).
State of Tennessee v. Phillip Warren Trotter (Tenn. Crim. App. 2025). “See Tenn. Code Ann. § 40-26-102 (a); but see Tenn.”
State of Tennessee v. Kortney Dalon Ball (Tenn. Crim. App. 2025). “The Sentencing Commission Comments to that section advise that “[t]he standards for revocation of bail are set forth in Section 40-26-102.” Section 40-26-102, entitled “Bail in felony cases,” governs admission to bail pending appeal.”
State of Tennessee v. Martin Aron Harasim (Tenn. Crim. App. 2025). “” The Sentencing Commission Comments to that section advise that “[t]he standards for revocation of bail are set forth in Section 40-26-102.” Section 40- 26-102, entitled “Bail in felony cases,” governs admission to bail pending appeal.”
Keenan Alexander v. State of Tennessee (Tenn. Crim. App. 2025). “32(d)(2)(A); see T.C.A. § 40-26-102 (2018) (bail pending appeal in felony cases); see also State v.”
State of Tennessee v. June Curtis Loudermilk (Tenn. Crim. App. 2016). “” Tennessee Code Annotated section 40-26-102(e) (2011) provides, “The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year.”
— Tenn. Code Ann. § 40-26-102(b) — 1 case
State of Tennessee v. Phillip Warren Trotter (Tenn. Crim. App. 2025). “See Tenn. Code Ann. § 40-26-102 (a); but see Tenn.”
— Tenn. Code Ann. § 40-26-102(e) — 1 case
State of Tennessee v. June Curtis Loudermilk (Tenn. Crim. App. 2016). “” Tennessee Code Annotated section 40-26-102(e) (2011) provides, “The setting of bail or release upon recognizance is a matter of right for one convicted of a felony and sentenced to confinement for less than one (1) year.”
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