Topic: where a petition conclusively shows that the petitioner is … · Go Syfert
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Topic #6772

4 canonical passages across 4 cases, quoted by 52 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Givens v. State.

#Case FlagCanonical passage Citers
1 Givens v. State Anchor
tenncrimapp · 1985
green “where a petition conclusively shows that the petitioner is entitled to no relief, it is properly dismissed without the appointment of counsel and without an evidentiary hearing.” 17
2 Swanson v. State
tenn · 1988
green “if the availability of relief cannot be conclusively determined from a pro se petition and the accompanying records, the petitioner must be given the aid of counsel.” 17
3 Burnett v. State
tenn · 2002
green “a claim that, if taken as true, in the light most favorable to the petitioner, would entitle petitioner to relief under the post-conviction procedure act.” 10
4 Shazel v. State
tenn · 1998
green “there obviously is an important distinction between the right to seek relief in a post-conviction proceeding and the right to have relief in a post-conviction proceeding.” 8

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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