Tennessee Code Annotated
Tenn. Code Ann. § 29-21-107 (2026)
Petition - Affidavit
✓ current as of May 2026
- (a) Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner's behalf, and verified by affidavit.
- (b) The petition shall state:
- (1) That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable;
- (2) The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence;
- (3) That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and
- (4) That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do.
Code 1858, §§ 3722, 3725; Shan., §§ 5502, 5505; Code 1932, §§ 9673, 9676; T.C.A. (orig. ed.), §§ 23-1806, 23-1807.
Notes of Decisions
Cited in 333
cases (33 in the last 5 years), 1993–2026 · leading case: Summers v. State, 212 S.W.3d 251 (Tenn. 2007).
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). “The pleading requirements for filing a petition for writ of habeas corpus are set forth in Tennessee Code Annotated section 29-21-107. Section 29-21-107(a) provides that the petition for writ of habeas corpus must be signed and verified by affidavit.”
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004). “§ 29-21-107 (2000). Finally, in a footnote, the majority indicated that if the defendant is presently in federal custody, as he alleged in another case attacking his 1986 conviction, then he is barred from obtaining habeas corpus relief by Tennessee Code Annotated section…”
Cox v. State, 53 S.W.3d 287 (Tenn. Crim. App. 2001). “Tennessee Code Annotated section 29-21-107 requires (a) a verified petition stating the specific facts of a petitioner’s restraint, (b) the attachment of a copy of the legal process on which the restraint is based, and (c) an affirmation that the claim of illegality of the…”
State v. Henretta, 325 S.W.3d 112 (Tenn. 2010). “nretta argues in the alternative that if he was transferred from Leavenworth pursuant to a writ of habeas corpus ad prosequendum, the writ was void and without effect because 1) the trial court did not have constitutional or statutory authority to issue a writ against an…”
Moody v. State, 160 S.W.3d 512 (Tenn. 2005). “§ 29-21-107 (2000). The procedures for filing a habeas corpus petition are codified in Tennessee Code Annotated sections 29-21-101 through 29-21-130.”
Billy Gene DeBow v. State of Tennessee (Tenn. Crim. App. 2022). “Tenn. Code Ann. § 29-21-107 (b). Furthermore, “[t]he 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.”
Patrick Marshall v. Brandon Watwood, Warden (Tenn. Crim. App. 2024). “” Tenn. Code Ann. § 29-21-107 (a). A petition has been “verified by affidavit” if said affidavit has been notarized or verified under oath.”
Paul Williams EL v. Sheriff Andy Dickson, Carroll Cnty. (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 29-21-107 (b)(3)-(4). Further, the “Affidavit” attached to the Petition was not notarized and therefore was not sufficient to satisfy the requirements of Tennessee Code Annotated section 29-21-107(a).”
Timothy L. Jefferson v. State of Tennessee (Tenn. Crim. App. 2022). “See Tenn. Code Ann. § 29-21-107 (b)(2), (b)(4); Summers, 212 S.”
Patrick Thurmond v. David Sexton, Warden (Tenn. Crim. App. 2011). “In response, the State initially asserts that the habeas corpus court did not err in dismissing the petition without a hearing since the Petitioner failed to meet the procedural requirements for habeas corpus relief as stated in Tennessee Code Annotated section 29-21-107(2) and…”
Connie Arnold v. Doug Cook, Warden (Tenn. Crim. App. 2016). “See Tenn. Code Ann. § 29-21-107 (b)(3), (4). In addition, the petition was not verified by affidavit, as required by Tennessee Code Annotated section 29-21-107(a).”
Michael Williams v. State of Tennessee (Tenn. Crim. App. 2022). “” Tenn. Code Ann. § 29-21-107 (b)(4). Whether the petitioner is entitled to habeas corpus relief is a question of law.”
— Tenn. Code Ann. § 29-21-107(2) — 3 cases
Patrick Thurmond v. David Sexton, Warden (Tenn. Crim. App. 2011). “In response, the State initially asserts that the habeas corpus court did not err in dismissing the petition without a hearing since the Petitioner failed to meet the procedural requirements for habeas corpus relief as stated in Tennessee Code Annotated section 29-21-107(2) and…”
Pierre Andre Brown A/K/A Anthony Anderson v. State of Tennessee (Tenn. Crim. App. 2007).
Tommy Dixon v. State of Tennessee (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 29-21-107(4) — 2 cases
Terrance Dupree Woods v. State of Tennessee (Tenn. Crim. App. 2005).
State v. William Lee (Tenn. Crim. App. 1999).
— Tenn. Code Ann. § 29-21-107(B)(2) — 1 case
Jason Martindill v. Dwight Barbee, Warden (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 29-21-107(a) — 50 cases
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). “The pleading requirements for filing a petition for writ of habeas corpus are set forth in Tennessee Code Annotated section 29-21-107. Section 29-21-107(a) provides that the petition for writ of habeas corpus must be signed and verified by affidavit.”
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004). “§ 29-21-107 (2000). Finally, in a footnote, the majority indicated that if the defendant is presently in federal custody, as he alleged in another case attacking his 1986 conviction, then he is barred from obtaining habeas corpus relief by Tennessee Code Annotated section…”
Patrick Marshall v. Brandon Watwood, Warden (Tenn. Crim. App. 2024). “” Tenn. Code Ann. § 29-21-107 (a). A petition has been “verified by affidavit” if said affidavit has been notarized or verified under oath.”
Kevin Lawrence v. Kevin Genovese, Warden (Tenn. Crim. App. 2024).
Alexa Williams EL v. State of Tennessee (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 29-21-107(b) — 30 cases
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). “The pleading requirements for filing a petition for writ of habeas corpus are set forth in Tennessee Code Annotated section 29-21-107. Section 29-21-107(a) provides that the petition for writ of habeas corpus must be signed and verified by affidavit.”
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004). “§ 29-21-107 (2000). Finally, in a footnote, the majority indicated that if the defendant is presently in federal custody, as he alleged in another case attacking his 1986 conviction, then he is barred from obtaining habeas corpus relief by Tennessee Code Annotated section…”
Charles Owens v. Kevin Genovese, Warden (Tenn. Crim. App. 2018).
Steven Anderson v. Esco Jarnigan, Sheriff, & State of Tennessee (Tenn. Crim. App. 2018).
Patrick Thurmond v. David Sexton, Warden (Tenn. Crim. App. 2011). “In response, the State initially asserts that the habeas corpus court did not err in dismissing the petition without a hearing since the Petitioner failed to meet the procedural requirements for habeas corpus relief as stated in Tennessee Code Annotated section 29-21-107(2) and…”
— Tenn. Code Ann. § 29-21-107(b)(1) — 11 cases
Christopher Mimms v. State of Tennessee (Tenn. Crim. App. 2017).
Ladarius L. Reffegee v. Blair Leibach, Warden (Tenn. Crim. App. 2018).
Juan LaSean Perry v. State of Tennessee (Tenn. Crim. App. 2018).
Timothy A. Baxter v. State of Tennessee (Tenn. Crim. App. 2018).
Quinton Cage v. State of Tennessee (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 29-21-107(b)(2) — 78 cases
Ernest Lee Jennings v. Gerald McAllister, Warden (Tenn. Crim. App. 2016).
Michael J. McCann v. State of Tennessee (Tenn. Crim. App. 2018).
Martin Hughes v. State of Tennessee (Tenn. Crim. App. 2019).
Antonio Kendrick v. State of Tennessee (Tenn. Crim. App. 2025).
Rickey Benson v. State of Tennessee (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 29-21-107(b)(2)(2000) — 1 case
Tony Hoover v. Henry Steward, Warden (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 29-21-107(b)(2003) — 1 case
David Wayne Britt v. Ricky Bell, Warden (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 29-21-107(b)(3) — 7 cases
Bobby V. Summers v. Johnny Fitz, Warden (Tenn. Crim. App. 2026).
Willie D. Robinson v. David R. Osborne, Warden (Tenn. Crim. App. 2011).
Michael Lee McKinney v. State of Tennessee (Tenn. Crim. App. 2011).
Kenya Davis v. State of Tennessee (Tenn. Crim. App. 2005).
Jackie F. Curry v. Howard Carlton, Warden (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 29-21-107(b)(4) — 43 cases
Billy Gene DeBow v. State of Tennessee (Tenn. Crim. App. 2022). “Tenn. Code Ann. § 29-21-107 (b). Furthermore, “[t]he 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.”
Danny Ray Lacy v. State of Tennessee (Tenn. Crim. App. 2022).
Charles D. Johnson v. State of Tennessee (Tenn. Crim. App. 2018).
Courtney R. Logan v. State of Tennessee (Tenn. Crim. App. 2022).
Asata D. Lowe v. State of Tennessee (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 29-21-107(c) — 1 case
Cory Myers v. State of Tennessee (Tenn. Crim. App. 2010).
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