About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0115 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 September, 1991 91-80 COURTS: Juvenile: Regarding the procedure for issuance of and authority to issue a juvenile petition, once a juvenile petition has been filed by the juvenile court clerk, the juvenile court sets the time for a hearing and directs the issiance of a summons. The juvenile court clerk has the duty to sign the summons issued and to endorse on the back the date of issuance. Juvenile court clerks are required to file all juvenile court orders and -o enter the orders on the minutes. They are also required to sign the summons and endorse it with the date of issuance. While there are no express requirements to so sign and date orders other than a summons, it is the better practice. Tenn. Const. Art. VI §12; T.C.A. §16-1-106, §18-1-101, §18-1-105, §37-1-119, §37-1-121, §37-1-153, §§37-1-210-211. 91-84 CRIMINAL LAW & PROCEDURE: Arrest: An arrested person may be incarcerated temporarily prior to the initial appearance before a magistrate. However, under Tennessee law, all arrested persons, except those arrested pursuant to a capias, must be taken before a magistrate without unnecessary delay. What constitutes unnecessary delay depends upon the facts and circumstances of each particular case. The case of County of Riverside v. McLaughlin requires that persons arrested without a warrant be given a probably cause determination within at least 48 hours of arrest. The principles of CountyDLErYjtaid apply to initial appearances for persons arrested without a warrant in Tennessee, but do not apply to preliminary hearings in Tennessee. 91-82 DRUGS AND NARCOTICS: Tenn. Drug Control Act of 1989: For purposes of establishing a minimum fine, there is no distinction between drugs which are on different schedules. First and second convictions of simple possession are classified as a Class A misdemeanors and third and subsequent convictions are classified Class E felonies. The fines for such convictions are set forth in T.C.A. §39-17-428. First and second convictions of simple possession are punished as Class A misdemeanors with no minimum penalty. Third and subsequent convictions are punished as Class E felonies with a minimum punishment of one year in jail and a minimum penalty of $2,000. 1990 Tenn. Pub.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most