Whenever any person within this state is charged on the oath of any credible person before any judge or other magistrate of this state with the commission of a crime in any other state, and, except in cases arising under § 40-9-113, with having fled from justice; or whenever a complaint has been made before any judge or other magistrate in this state setting forth on the affidavit of any credible person in another state that a crime has been committed in that other state and that the accused has been charged in that other state with the commission of the crime, and, except in cases arising under § 40-9-113, has fled therefrom and is believed to have been found in this state, the judge or magistrate shall issue a warrant directed to the sheriff of the county in which the oath or complaint is filed directing the sheriff to apprehend the person charged, wherever the person may be found in this state, and bring the person before the issuing judge or magistrate or any other judge, court or magistrate who may be conveniently accessible to the place where the arrest may be made, to answer the charge or complaint and affidavit. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
Acts 1951, ch. 240, § 13 (Williams, § 11935.13); T.C.A. (orig. ed.), § 40-1003.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1991–2022 · leading case:
Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991).
Elliott v. Johnson, 816 S.W.2d 332 (Tenn. Crim. App. 1991).
· cites it 2× “Tenn.Code Ann. § 40-9-103. * * * * * * If there is no waiver of extradition and if it appears after examination by the judge .”
Yates v. Gilless, 841 S.W.2d 332 (Tenn. Crim. App. 1992).
· cites it 2× “The petitioner was arrested on December 2, 1988, on a fugitive from justice warrant, see T.C.A. § 40-9-103, relative to an allegation that he committed a robbery in DeSoto County, Mississippi.”
Jimmy Heard v. Randy Lee, Warden (Tenn. Crim. App. 2019).
· cites it 4× “In the instant case, the Petitioner contends that Cuyler required that he be served with a fugitive warrant pursuant to Tennessee Code Annotated section 40-9-103. The State argues that Cuyler did not “superimpose every technical requirement of the Uniform Criminal Extradition…”
State of Tennessee v. Bradley Scott (Tenn. Crim. App. 2012).
· cites it 4× “-12- As explained in Raybin’s Tennessee Criminal Practice and Procedure: Under the first sentence of T.C.A. § 40-9-103, the affidavit of complaint must allege, at minimum, that the affiant has probable cause for believing: (1) the defendant is charged with the commission of an…”
Heard v. Holloway (E.D. Tenn. 2019).
· cites it 2× “Tenn. Code Ann. § 40-9-103 . Thus, Tennessee’s process of extradition under the UCEA “generally begins when the fugitive is arrested in the asylum state as a result of criminal charges in the demanding state,” at which point the fugitive is taken before a magistrate, if he does…”
Harris v. Greene Cnty. (E.D. Tenn. 2022).
· cites it 2× “Further, Plaintiff alleges that on the day the Tennessee fugitive warrant was dismissed, he was transferred to the Sullivan County Jail, where he is currently detained on other 1 The fugitive from justice statute is found at Tenn. Code Ann. § 40-9-103 , which authorizes the…”
State of Tennessee v. Gregory Ozier (Tenn. Crim. App. 2002).
· cites it 2× “Tenn. Code Ann. § 40-9-103 . The extradition procedure provides a means by which individuals in this state may be arrested and lawfully transported to another state; typically, one charged with a crime in one state who has fled to this state but is not yet in custody is subject…”
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