As used in this section, “voice stress analysis” means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph. Voice stress analysis and testimony regarding voice stress analysis shall not be […]
The failure of the party defendant to make a request to testify and to testify in the defendant’s own behalf shall not create any presumption against the defendant.
As provided by the Constitution of Tennessee, the accused, in all criminal prosecutions, has a right to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in the accused’s favor. Code 1858, § 5377; Shan., § 7355; Code 1932, § 11959; T.C.A. (orig. ed.), § 40-2405.
It is the duty of the district attorney general to endorse on each indictment or presentment, at the term at which the indictment or presentment is found, the names of the witnesses as the district attorney general intends shall be summoned in the cause, and sign each indictment or presentment name thereto. Code 1858, § […]
The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require. The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses […]
It is the duty of the clerks of the circuit and criminal courts to designate on the dockets of their several courts the days on which the criminal cases in those courts will be called for trial, subject to the direction and control of the judges of those courts, and subpoenas for witnesses shall require […]
The subpoena is served by the same officers as the subpoena in civil cases. Code 1858, § 5384; Shan., § 7362; mod. Code 1932, § 11969; T.C.A. (orig. ed.), § 40-2415.
Witnesses subpoenaed are bound to attend from term to term until the case is disposed of; but if a judgment is rendered in the case, which is reversed by the supreme court, or in the case of a mistrial, new subpoenas must be issued for the state witnesses, and also for the defendant’s witnesses on […]
The undertaking or recognizance of witnesses is forfeited and enforced like the undertaking and recognizance of bail as provided in §§ 29-32-107 — 29-32-109, 40-11-201, and 40-11-202. Code 1858, § 5387; Shan., § 7365; Code 1932, § 11972; T.C.A. (orig. ed.), § 40-2420.
All witnesses entitled to compensation under §§ 40-25-106 and 40-25-129 appearing for the state under subpoena, either before a magistrate or the grand jury, or on an indictment found, are to have the same compensation for their attendance as in civil cases, unless otherwise provided. Code 1858, § 5391 (deriv. Acts 1855-1856, ch. 63, § […]
No fees shall be allowed witnesses for attendance on any other day or days than those fixed in the subpoena or in orders of the court. Not more than three (3) days’ attendance shall be taxed in any one (1) week in favor of any one (1) witness in one (1) case, except witnesses attending […]
The witness shall prove attendance, in open court, by oath before the clerk that the witness has not, directly or indirectly, personally procured summons as a witness, that the witness was legally summoned on behalf of the state and has verily attended the court, as a witness, the number of days claimed. Code 1858, § […]
The district attorney general and judge shall not certify any witness fees against the state, except for those witnesses as shall be so endorsed or subsequently directed by the district attorney general, in writing, to be summoned, nor without actual inspection of the orders. Code 1858, § 5598; Shan., § 7642; Code 1932, § 12271; […]
The commissioner of finance and administration shall issue no warrant for the payment of costs of witnesses, unless the certificate of the judge and district attorney general show that the inspection took place. Code 1858, § 5599; Shan., § 7643; Code 1932, § 12272; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. […]
In the trial of criminal cases, it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment or presentment, unless the defendant within thirty (30) days after indictment or presentment, if defendant be under bond, or within thirty (30) days after arrest on capias, denies the existence […]
Personal property confiscated as stolen property by a lawful officer of the state, a county or a municipality of the state to be held as evidence of a crime shall be promptly appraised, catalogued and photographed by the law enforcement agency retaining custody of the property. The lawful officer of the state, county or municipality, […]
After a witness called by either the state or the defendant in a criminal case has testified on direct examination, the court shall, on motion, order the state or the defense to produce any statement of the witness in the state’s or the defense’s possession which relates to the subject matter as to which the […]
If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, the victim shall, regardless of consent, not be considered to be an accomplice to sexual penetration or sexual contact, and no corroboration of the alleged victim’s testimony shall be required […]
Rule 17 of the Rules of Criminal Procedure shall govern when a clerk or other authorized officer of the court is required to issue a subpoena in a criminal case in criminal court and the consequences of a person’s refusal to appear, testify or produce evidence when subpoenaed shall be governed pursuant to that rule. […]
The following procedure shall be employed when a law enforcement officer, as defined in § 39-11-106, seeks to obtain a subpoena for the production of books, papers, records, documents, tangible things, or information and data electronically stored for the purpose of establishing, investigating or gathering evidence for the prosecution of a criminal offense. If the […]
