§ 40-30-120. Stays of Execution When Petitioner Is Under Sentence of Death
When affirming a conviction and sentence of death on direct appeal, the Tennessee supreme court shall contemporaneously set a date for an execution. The date shall be no less than four (4) months from the date of the judgment of the Tennessee supreme court. Upon the filing of a petition for post-conviction relief, the court […]
§ 40-30-121. Priority
Post-conviction cases where the petitioner is under the death sentence shall be given priority over all other matters in docketing by the courts having trial and appellate jurisdiction of the cases.
§ 40-30-122. Interpretation
For purposes of this part, a new rule of constitutional criminal law is announced if the result is not dictated by precedent existing at the time the petitioner’s conviction became final and application of the rule was susceptible to debate among reasonable minds. A new rule of constitutional criminal law shall not be applied retroactively […]
§ 40-30-116. Appeal After Final Judgment
The order granting or denying relief under this part shall be deemed a final judgment, and an appeal may be taken to the court of criminal appeals in the manner prescribed by the Tennessee Rules of Appellate Procedure. In capital cases, the appellate court in which the case is pending shall render a decision within […]
§ 40-30-117. Motions to Reopen
A petitioner may file a motion in the trial court to reopen the first post-conviction petition only if the following applies: The claim in the motion is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of […]
§ 40-30-118. Promulgation of Rules
The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error, and may make petition forms […]
§ 40-30-119. Bail During New Trial or Delayed Appeal — Exception
When a new trial or delayed appeal is granted, release on bail shall be determined by the trial judge as provided by law pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
§ 40-30-110. Hearing
The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall […]
§ 40-30-111. Final Disposition of Petitions — Compliance Reports
If the court finds that there was such a denial or infringement of the rights of the prisoner as to render the judgment void or voidable, including a finding that trial counsel was ineffective on direct appeal, the court shall vacate and set aside the judgment or order a delayed appeal as provided in this […]
§ 40-30-112. Notice of Final Judgments by Clerk of Court
The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner’s counsel of record, any authority imposing restraint on the petitioner and the attorney general and reporter at Nashville.