Tennessee Code Annotated

Tenn. Code Ann. § 29-21-105 (2026)

Place of application for writ

✓ current as of May 2026

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The application 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.

Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), § 23-1805.

Notes of Decisions

Cited in 182 cases (13 in the last 5 years), 1990–2026 · leading case: Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008).

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Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008). · cites it 42× “See Tenn. Code Ann. § 29-21-105 (stating that applications for habeas corpus relief “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”).”

Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). · cites it 5× “” Tenn. Code Ann. § 29-21-105 (2000). In most instances, this court is in the county where the petitioner is incarcerated.”

State of Tennessee v. James D. Wooden, 478 S.W.3d 585 (Tenn. 2015). · cites it 4× “See Tenn. Code Ann. § 29-21-105 (2012) (stating that a habeas corpus petition should be filed with "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”); Carter v.”

State of Tennessee v. Adrian R. Brown, 479 S.W.3d 200 (Tenn. 2015). · cites it 4× “See Tenn. Code Ann. § 29-21-105 (2012) (stating that a habeas corpus petition should be filed with "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”); Carter v.”

Archer v. State, 851 S.W.2d 157 (Tenn. 1993). · cites it 2× “” T.C.A. § 29-21-105. Without question, the procedural provisions of the habeas corpus statutes are mandatory and must be followed scrupulously.”

State v. Ritchie, 20 S.W.3d 624 (Tenn. 2000). · cites it 2× “The appellee filed the petition in Bledsoe County Circuit Court pursuant to Tennessee Code Annotated section 29-21-105 (1980), which requires that the petition be filed in the court “most convenient in point of distance to the applicant.”

Michael Dwayne EDWARDS v. STATE of Tennessee, Wayne Brandon, Warden, 269 S.W.3d 915 (Tenn. 2008). · cites it 2× “See Tenn.Code Ann. § 29-21-105 (2000) (providing that petitions seeking habeas corpus relief "should be made to the court or judge most convenient in point of distance to the applicant.”

Tucker v. Morrow, 335 S.W.3d 116 (Tenn. Crim. App. 2009). · cites it 2× “In addition to the various procedural requirements for the prosecution of a petition for writ of habeas corpus contained in the Code, see generally T.C.A. §§ 29-21-105 to -112, our supreme court has held that “[t]he petitioner bears the burden of providing an adequate record for…”

Church v. State, 987 S.W.2d 855 (Tenn. Crim. App. 1998). · cites it 2× “§ 29-21-105, a petition for habeas corpus relief must be filed in the court “most convenient in point of distance to the applicant” unless sufficient reason is given for applying to another court. For an out-of-state person, this means the presumptive venue is in the county of…”

Herbert N. Jackson v. Tony Parker, Warden, 366 S.W.3d 186 (Tenn. Crim. App. 2011). · cites it 2× “In addition to the various procedural requirements for the prosecution of a petition for writ of habeas corpus contained in the Code, see generally T.C.A. §§ 29-21-105 to -112, our supreme court has held that “[t]he petitioner bears the burden of providing an adequate record for…”

Lewis v. Metro. Gen. Sessions Court for Nashville, 949 S.W.2d 696 (Tenn. Crim. App. 1996). · cites it 2× “” Tenn.Code Ann. § 29-21-105. Usually that means the county of incarceration.”

Carroll v. Raney, 868 S.W.2d 721 (Tenn. Crim. App. 1993). · cites it 2× “Tenn.Code Ann. § 29-21-104. Normally, the application 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.”

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