Tennessee Code Annotated
Tenn. Code Ann. § 37-1-305 (2026)
Grounds for relief
✓ current as of May 2026
Relief under this part shall be granted when petitioner's commitment is void or voidable because of the abridgement in any way of any right guaranteed by the laws or constitution of this state, or the Constitution of the United States, including a right that was not recognized as existing at the time of the trial if either constitution requires retrospective application of that right.
Acts 1978, ch. 750, § 5; T.C.A., § 37-1705.
Notes of Decisions
Cited in 3
cases, 2001–2007 · leading case: State v. Rodgers, 235 S.W.3d 92 (Tenn. 2007).
State v. Rodgers, 235 S.W.3d 92 (Tenn. 2007). “” Tenn.Code Ann. § 37-1-305 (2005). This includes “a right that was not recognized as existing at the time of the trial if either constitution requires retrospective application of that right.”
State v. Ewing (Tenn. Ct. App. 2001). “” Tenn. Code Ann. § 37-1-305 (1996). The State in its brief does not take the position that the petition for post- conviction relief was not the proper avenue by which petitioner is entitled to seek relief,2 but rather that her right to relief was waived when she failed to…”
State of Tennessee v. Tino Vernell Rodgers (A Minor) (Tenn. Ct. App. 2006). “§ 37-1-305 (2005). In order to comply with federal grant requirements, the Appendix to the Tennessee Rules of Juvenile Procedure provides, in relevant part, as follows: § 31.”
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