§ 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.
§ 40-30-108. 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 […]
§ 40-30-101. 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 […]