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Tennessee Code Annotated

Tenn. Code Ann. § 40-3-102 (2026)

Indictment or presentment

✓ current as of May 2026
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All violations of the criminal laws may be prosecuted by indictment or presentment of a grand jury, and a presentment may be made upon the information of any one (1) of the grand jury.

Code 1858, § 4990 (deriv. Acts 1841-1842, ch. 141, § 4); Shan., § 6949; Code 1932, § 11490; T.C.A. (orig. ed.), § 40-302.

Notes of Decisions
Cited in 4 cases, 1998–2014 · leading case: State of Tennessee v. Clement Dale Potter, 61 S.W.3d 348 (Tenn. Crim. App. 2001).
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State of Tennessee v. Clement Dale Potter, 61 S.W.3d 348 (Tenn. Crim. App. 2001). · cites it 2× “” Tenn.Code Ann. § 40-3-102. According to Rule 6(d) of the Tennessee Rules of Criminal Procedure, “[t]he grand jury shall have inquisitorial powers over and *350 shall have the authority to return a presentment of all indictable or presentable offenses found to have been…”
Gary Wayne Bell v. State of Tennessee (Tenn. Crim. App. 2010). · cites it 2× “The post-conviction court stated that none of the claims raised by the Petitioner were exempt from the one-year limitations period pursuant to Tennessee Code Annotated section 40-3-102(b). The post- conviction court also stated that due process did not require a tolling of the…”
Gary Lilley v. State of Tennessee (Tenn. Crim. App. 2014). · cites it 2× “The post-conviction court summarily dismissed the petition as untimely stating that “The statute of limitations bars the [P]etitioner’s petition [for] post-conviction relief pursuant to T.C.A. § 40-3-102 in that more than one year has passed since the date of the final court…”
Gillihan v. State (Tenn. Crim. App. 1998). · cites it 2× “Tenn. Code Ann. § 40-3-102 (1990) (repealed May 10, 1995).”
Tenn. Code Ann. § 40-3-102(b): 1 case
Gary Wayne Bell v. State of Tennessee (Tenn. Crim. App. 2010). “The post-conviction court stated that none of the claims raised by the Petitioner were exempt from the one-year limitations period pursuant to Tennessee Code Annotated section 40-3-102(b). The post- conviction court also stated that due process did not require a tolling of the…”
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