Tennessee Code Annotated
Tenn. Code Ann. § 40-9-106 (2026)
Admission to bail
✓ current as of May 2026
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in any sum that the judge or magistrate deems proper, for the person's appearance before the judge or magistrate at a time specified in the bond or undertaking, and for the person's surrender, to be arrested upon the warrant of the governor of this state.
Acts 1951, ch. 240, § 16 (Williams, § 11935.16); T.C.A. (orig. ed.), § 40-1006.
Notes of Decisions
Cited in 5
cases, 1985–2019 · leading case: Mandina v. State, 749 S.W.2d 472 (Tenn. Crim. App. 1985).
Mandina v. State, 749 S.W.2d 472 (Tenn. Crim. App. 1985). “See T.C.A. 40-9-106 and 40-9-108. Once a fugitive is served with a rendition warrant of the governor of the asylum state, he is not entitled to bail and no constitutional abridgement is involved.”
State v. J.M.W., 936 So. 2d 555 (Ala. Crim. App. 2005). “See T.C.A. 40-9-106 and 40-9-108. 10 Once a fugitive is served with a rendition warrant of the governor of the asylum state, he is not entitled to bail and no constitutional abridgement is involved.”
Jimmy Heard v. Randy Lee, Warden (Tenn. Crim. App. 2019). “Tenn. Code Ann. §§ 40-9-106 , - 108. “Upon notification by the authorities in the asylum state that the accused refuses to waive extradition, the demanding state submits formal documents requesting the governor of this state to issue a requisition [warrant] and agent’s…”
Alberto Eddie Deleon v. State of Tennessee (Tenn. Crim. App. 2012). “person has fled from justice, the judge or magistrate must commit the person to jail by a warrant reciting the accusation for a time specified in the warrant as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive…”
Michael Wilsey v. State of Tennessee (Tenn. Crim. App. 2012). “1985) (citing T.C.A. 40-9-106; -108). Moreover, the petitioner is not entitled to bail following the denial of habeas corpus relief.”
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