§ 40-30-101. Short Title
This part shall be known and may be referred to as the “Post-Conviction Procedure Act.”
§ 40-30-102. When Prisoners May Petition for Post-Conviction Relief
Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no […]
§ 40-30-103. Grounds for Relief
Relief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.
§ 40-30-104. Petition
A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in […]
§ 40-30-105. Processing of Petitions — Designation of Judge
When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith: Make three (3) copies of the petition; Docket and file the original petition and its attachments; Mail one (1) copy of the petition to the attorney general and reporter in Nashville; Mail or forward one (1) copy […]
§ 40-30-106. Preliminary Consideration
The trial judge to whom the case is assigned shall, within thirty (30) days of the filing of the original petition, or a petition amended in accordance with subsection (d), examine it together with all the files, records, transcripts, and correspondence relating to the judgment under attack, and enter an order in accordance with this […]
§ 40-30-107. Preliminary Order
If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order. In all cases, the preliminary order shall direct the following: If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201, the court shall appoint counsel […]
§ 40-30-108. Answer or Response
The district attorney general shall represent the state and file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond […]
§ 40-30-109. Prehearing Procedure
The court shall review the case after the district attorney general’s response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court’s conclusions of law. If […]
§ 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.
§ 40-30-113. Petitioner Unconstitutionally Denied Appeal — Procedure
When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a […]
§ 40-30-114. Reimbursement of Expenses of District Attorney General — Duty of Attorney General and Reporter
The district attorney general shall be reimbursed for any expenses, including travel, incurred in connection with the preparation and trial of any proceeding under this part. This expense shall be paid by the state and shall not be included in the expense allowance now received by the various district attorneys general. It is the duty […]
§ 40-30-115. Determination of Indigency — Appointment of Counsel and Court Reporters
Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title.
§ 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.
§ 40-30-120. 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 […]