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

Tenn. Code Ann. § 29-21-108 (2026)

Duty of court - Wrongful failure to grant writ

✓ current as of May 2026
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Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1995–2026 · leading case: Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006).
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Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). · cites it 10× “T.C.A. § 29-21-108. We do not believe subsection (b) relates to judges who conclude in their judicial capacity that the facts or law do not warrant relief but who are determined on appeal to be in error.”
McLaney v. Bell, 59 S.W.3d 90 (Tenn. 2001). · cites it 2× “” Tenn.Code Ann. § 29-21-108 (2000). The habeas corpus statute also mandates that a successful petitioner be discharged from custody if no sufficient legal cause of detention is shown.”
Norton v. Everhart, 895 S.W.2d 317 (Tenn. 1995). · cites it 2× “Tenn.Code Ann. § 29-21-108(a) provides that “[i]t is the duty of the court or judge to act upon such applications instanter.”
Carlos Ortiz v. State of Tennessee (Tenn. Crim. App. 2026). · cites it 6× “Tennessee Code Annotated section 29-21-108 provides that, when upon application for writ of habeas corpus: (a) It is the duty of the court or judge to act upon such applications instanter.”
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy (Tenn. Ct. App. 2013). · cites it 10× “M2011-02480-COA-R3-CV - Filed May 31, 2013 The trial court dismissed Plaintiff’s claim for damages under Tennessee Code Annotated § 29-21-108. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded D AVID R.”
James M. Flinn v. Jon K. Blackwood (Tenn. Ct. App. 2011). · cites it 9× “(b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.”
Gregory Eidson v. Lee Moore, Jr. (Tenn. Ct. App. 2005). · cites it 6× “-3- Tenn. Code Ann. § 29-21-108 (2003) (emphasis added).”
Johnny L. McGowan Jr. v. Jerry Lester, Warden (Tenn. Crim. App. 2013). · cites it 6× “Tenn. Code Ann. § 29-21-108 . However, the Petitioner concedes that in Thurmond v.”
Chapman v. Madison Cnty. Jail Employees (W.D. Tenn. 2025). · cites it 2× “at PageID 6); (18) “Because judges are liable to be sued under T.C.A. § 29-21-108 when denying writ of habeas corpus when properly filed” (id.”
Patrick Thurmond v. David Sexton, Warden (Tenn. Crim. App. 2011). · cites it 2× “ause the offenses were not subject to the multiple rapist classification, that the judgments of conviction for the two counts of aggravated rape and one count of attempted aggravated rape were void because his classification as a multiple rapist was an enhanced punishment that…”
Robert Kimbrel v. State of Tennessee (Tenn. Crim. App. 2008). · cites it 2× “See T.C.A. § 29-21-108. The failure to comply with the statutory requirements is sufficient alone to 3 dismiss a petition for habeas corpus relief.”
Lawrence Montgomery v. State of Tennessee (Tenn. Crim. App. 2005). · cites it 2× “On November 4, 2004, the Petitioner filed, in the Court of Criminal Appeals, a “Petition for Peremptory Writ of Mandamus,” complaining that the trial court failed to follow the mandates of Tennessee Code Annotated section 29-21-108(a). This Court denied the petition on November…”
Show all 16 citing cases →
— Tenn. Code Ann. § 29-21-108(a) — 4 cases
Norton v. Everhart, 895 S.W.2d 317 (Tenn. 1995). “Tenn.Code Ann. § 29-21-108(a) provides that “[i]t is the duty of the court or judge to act upon such applications instanter.”
Carlos Ortiz v. State of Tennessee (Tenn. Crim. App. 2026). “Tennessee Code Annotated section 29-21-108 provides that, when upon application for writ of habeas corpus: (a) It is the duty of the court or judge to act upon such applications instanter.”
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy (Tenn. Ct. App. 2013). “M2011-02480-COA-R3-CV - Filed May 31, 2013 The trial court dismissed Plaintiff’s claim for damages under Tennessee Code Annotated § 29-21-108. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded D AVID R.”
Lawrence Montgomery v. State of Tennessee (Tenn. Crim. App. 2005). “On November 4, 2004, the Petitioner filed, in the Court of Criminal Appeals, a “Petition for Peremptory Writ of Mandamus,” complaining that the trial court failed to follow the mandates of Tennessee Code Annotated section 29-21-108(a). This Court denied the petition on November…”
— Tenn. Code Ann. § 29-21-108(b) — 5 cases
Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). “T.C.A. § 29-21-108. We do not believe subsection (b) relates to judges who conclude in their judicial capacity that the facts or law do not warrant relief but who are determined on appeal to be in error.”
James M. Flinn v. Jon K. Blackwood (Tenn. Ct. App. 2011). “(b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.”
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy (Tenn. Ct. App. 2013). “M2011-02480-COA-R3-CV - Filed May 31, 2013 The trial court dismissed Plaintiff’s claim for damages under Tennessee Code Annotated § 29-21-108. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded D AVID R.”
Patrick Thurmond v. David Sexton, Warden (Tenn. Crim. App. 2011). “ause the offenses were not subject to the multiple rapist classification, that the judgments of conviction for the two counts of aggravated rape and one count of attempted aggravated rape were void because his classification as a multiple rapist was an enhanced punishment that…”
Johnny L. McGowan Jr. v. Jerry Lester, Warden (Tenn. Crim. App. 2013). “Tenn. Code Ann. § 29-21-108 . However, the Petitioner concedes that in Thurmond v.”
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