Tenn. Code Ann. » Tenn. Code / Title 29 / Chapter 21
Tennessee Code Annotated

Tenn. Code Ann. § 29-21-101 (2026)

Grounds for writ

✓ current as of May 2026
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Code 1858, § 3720; Shan., § 5500; Code 1932, § 9671; T.C.A. (orig. ed.), §23-1801; Acts 2009 , ch. 420, §§ 1, 2.

Notes of Decisions
Cited in 761 cases (64 in the last 5 years), 1985–2026 · leading case: May v. Carlton, 245 S.W.3d 340 (Tenn. 2008).
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May v. Carlton, 245 S.W.3d 340 (Tenn. 2008). · cites it 33× “" Tenn.Code Ann. § 29-21-101 (2000). [4] The procedural requirements, as prescribed by statute, "are mandatory and must be followed scrupulously.”
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004). · cites it 7× “The petition failed to comply with the prescribed statutory form, failed to allege that Hickman is “imprisoned or restrained of his liberty,” as required by Tennessee Code Annotated section 29-21-101 (2000), and failed to allege grounds for habeas corpus relief.”
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). · cites it 10× “” Tenn. Code Ann. § 29-21-101 (2000). In spite of the statute’s broad language, “the grounds upon which habeas corpus relief will be granted are narrow.”
David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). · cites it 7× “2007); see also Tenn. Code Ann. § 29-21-101 (a) (Supp. 2010) (“Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into…”
State of Tennessee v. Adrian R. Brown, 479 S.W.3d 200 (Tenn. 2015). · cites it 6× “at 22 (quoting Tenn. Code Ann. § 29-21-101 (a)). The Court acknowledged that “restrained of liberty” had been interpreted to include limitations upon freedom of action short of imprisonment, including such restraints as conditions of parole or probation, or an order requiring a…”
Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). · cites it 6× “” Tenn. Code Ann. § 29-21-101 (2000). Our case law has interpreted the statutory terminology, and we recently defined imprisonment and restraint: To obtain habeas corpus relief, a petitioner must be ‘imprisoned or restrained of liberty.”
Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008). · cites it 8× “Tenn. Code Ann. §§ 29-21-101 et seq. The [P]etitioner hereby contends that the Criminal Court of Davidson County, Tennessee is most convenient to this petition, and the [trial judge] is the judge that sentence [sic] the [P]etitioner and due to the illegal sentence imposed, the…”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). · cites it 4× “” Tenn. Code Ann. § 29-21-101 (2000). An application for writ of habeas corpus “should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge.”
Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009). · cites it 4× “” T.C.A. § 29-21-101 (2006). Despite the broad wording of the statute, a writ of habeas *120 corpus may be granted only when the petitioner has established a lack of jurisdiction for the order of confinement or that he is otherwise entitled to immediate release because of the…”
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). · cites it 2× “§ 29-21-101 (2000). “Imprisoned” refers to actual physical confinement or detention.”
State v. Ritchie, 20 S.W.3d 624 (Tenn. 2000). · cites it 3× “” Tenn.Code Ann. § 29-21-101. Despite the broad language of the statute, however, successful prosecution of the writ in the courts of this state has long been limited to showing that the original judgment of conviction was void due to a lack of jurisdiction by the convicting…”
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). · cites it 4× “[7] Tennessee Code Annotated section 29-21-101 (2000) sets forth the statutory right to file a petition for writ of habeas corpus and provides: "Any person imprisoned or restrained of liberty, under any pretense whatsoever, [excluding petitioners restrained by virtue of federal…”
Show all 761 citing cases →
— Tenn. Code Ann. § 29-21-101(a) — 27 cases
State of Tennessee v. Adrian R. Brown, 479 S.W.3d 200 (Tenn. 2015). “at 22 (quoting Tenn. Code Ann. § 29-21-101 (a)). The Court acknowledged that “restrained of liberty” had been interpreted to include limitations upon freedom of action short of imprisonment, including such restraints as conditions of parole or probation, or an order requiring a…”
State v. Henretta, 325 S.W.3d 112 (Tenn. 2010).
Ernest Lee Jennings v. Gerald McAllister, Warden (Tenn. Crim. App. 2016).
Jose A. Rivas v. Gerald McAllister, Warden (Tenn. Crim. App. 2016).
David Reed v. State of Tennessee (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 29-21-101(a)(2010) — 1 case
State of Tennessee v. Adrian R. Brown (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 29-21-101(b) — 7 cases
State of Tennessee v. Byron J. Walker (Tenn. Crim. App. 2017).
State of Tennessee v. Jarvis D. Cohen (Tenn. Crim. App. 2017).
Joey Godwin v. State of Tennessee (Tenn. Crim. App. 2017).
Donnell v. Booker v. State of Tennessee (Tenn. Crim. App. 2017).
Jameel Childress v. State of Tennessee (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 29-21-101(b)(1) — 10 cases
Joey Godwin v. State of Tennessee (Tenn. Crim. App. 2017).
Antonio Q. Clifton v. State of Tennessee (Tenn. Crim. App. 2019).
Jeffery Odom v. State of Tennessee (Tenn. Crim. App. 2014).
Jameel Childress v. State of Tennessee (Tenn. Crim. App. 2013).
Marcus Deangelo Lee v. State of Tennessee (Tenn. Crim. App. 2014).
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