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

Tenn. Code Ann. § 29-21-109 (2026)

Refusal of writ

✓ current as of May 2026
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If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto.

Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.

Notes of Decisions
Cited in 386 cases (30 in the last 5 years), 1993–2026 · leading case: Summers v. State, 212 S.W.3d 251 (Tenn. 2007).
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Summers v. State, 212 S.W.3d 251 (Tenn. 2007). · cites it 4× “” (Emphasis added). Citing this statutory provision, this Court has held that the trial court was “entirely correct in dismissing the petition for writ of habeas corpus without a hearing” when the petitioner failed to include any part of the record in the case in which he was…”
Hickman v. State, 153 S.W.3d 16 (Tenn. 2004). · cites it 4× “Tenn.Code Ann. § 29-21-109 (2000); Dixon, 70 S.”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). · cites it 4× “Tenn. Code Ann. § 29-21-109 (2000); Summers, 212 S.”
Passarella v. State, 891 S.W.2d 619 (Tenn. Crim. App. 1994). · cites it 4× “Tenn.Code Ann. § 29-21-109. See Russell v.”
McLaney v. Bell, 59 S.W.3d 90 (Tenn. 2001). · cites it 2× “Tenn.Code Ann. § 29-21-109 (2000); see, e.”
Hogan v. Mills, 168 S.W.3d 753 (Tenn. 2005). · cites it 2× “Tenn.Code Ann. § 29-21-109 (2000); Hickman, 153 S.”
Paul T. Davis v. State of Tennessee, 261 S.W.3d 16 (Tenn. Crim. App. 2008). · cites it 4× “, in direct contravention of an express statutory provision), the convicting court can correct the sentence.”
Jeffery Yates v. State of Tennessee, 371 S.W.3d 152 (Tenn. Crim. App. 2012). · cites it 2× “That statute requires that the trial court note on the judgment of conviction the number of pre-sentencing jail credits but does not require the trial court to include postjudgment jail credit in the judgment.”
State v. Davenport, 980 S.W.2d 407 (Tenn. Crim. App. 1998). · cites it 2× “Tenn.Code Ann. § 29-21-109 provides, “If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto.”
Church v. State, 987 S.W.2d 855 (Tenn. Crim. App. 1998). · cites it 2× “In sum, the petitioner’s allegations in his petition, viewed in the context of his past litigation on these same convictions, do not lead to the conclusion that the convictions about which he complains are void.”
Dixon v. Holland, 70 S.W.3d 33 (Tenn. 2002). “§ 29-21-109 (2001). We must determine, therefore, if the judgment from Dixon’s trial is void.”
Patrick Marshall v. Brandon Watwood, Warden (Tenn. Crim. App. 2024). · cites it 6× “2004); see Tenn. Code Ann. § 29-21-109 . The determination of whether to grant habeas corpus relief is a question of law, and our review is de novo.”
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