Tennessee Code Annotated

Tenn. Code Ann. § 40-30-101 (2026)

Short title

✓ current as of May 2026
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This part shall be known and may be referred to as the "Post-Conviction Procedure Act."

Acts 1995, ch. 207, § 1; T.C.A. § 40-30-201.


Notes of Decisions
Cited in 237 cases (26 in the last 5 years), 1983–2026 · leading case: Owens v. State, 908 S.W.2d 923 (Tenn. 1995).
Owens v. State, 908 S.W.2d 923 (Tenn. 1995). · cites it 16× “§ 40-30-121 (1990 & Supp. 1994), was recodified by a 1995 amendment to the Post-Conviction Procedure Act effective May 10, 1995, as § 40-30-215.”
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). · cites it 4× “'s notice of appeal as a timely filed petition for post-conviction relief under the Tennessee Post-Conviction Procedure Act, Tenn. Code Ann. §§ 40-30-101 to XX-XX-XXX (2003).”
Archer v. State, 851 S.W.2d 157 (Tenn. 1993). · cites it 4× “The Tennessee General Assembly responded to that invitation and enacted the Tennessee Post-Conviction Procedure Act (now codified at T.C.A. §§ 40-30-101 et seq.) in 1967. Luttrell v.”
Artis Whitehead v. State of Tennessee, 402 S.W.3d 615 (Tenn. 2013). · cites it 4× “Acts 801 (codified as amended at Tenn. Code Ann. §§ 40-30-101 to -122 (2012)); see also Gary L.”
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). · cites it 8× “[7] Amicus Curiae, Counsel for the National Alliance on Mental Illness, advocates a similar standard and suggests as guidance the standard for determining competency of a petitioner to withdraw a post-conviction petition in a capital case, namely: "whether the petitioner…”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004). · cites it 4× “See Tenn.Code Ann. §§ 40-30-101 et seq. (2003); see also Burford v.”
State v. Ritchie, 20 S.W.3d 624 (Tenn. 2000). · cites it 4× “11 Although the principal method of post-conviction relief in Tennessee is through statutory post-conviction hearings, see Tenn.Code Ann. §§ 40-30-101 to 40-30-310 (1997), a petitioner may nevertheless also seek the writ of habeas corpus in some limited circumstances.”
Stephen Bernard Wlodarz v. State of Tennessee, 361 S.W.3d 490 (Tenn. 2012). · cites it 4× “The Post-Conviction Procedure Act is contained in Tennessee Code Annotated sections 40-30-101 to -124 (2006). Section 40-30-103 explains that “[r]elief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right…”
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). · cites it 2× “8 See Tenn.Code Ann. §§ 40-30-101 to -313 (2006).”
Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009). · cites it 2× “We granted this appeal to decide an issue of first impression: whether a freestanding claim of actual innocence is cognizable in an initial petition for post-conviction relief under the Tennessee Post-Conviction Procedure Act, Tennessee Code Annotated sections 40-30-101…”
House v. State, 911 S.W.2d 705 (Tenn. 1995). · cites it 4× “In 1967, the Tennessee General Assembly responded to the Supreme Court’s suggestion by enacting the Post-Conviction Procedure Act (now codified at Tenn.Code Ann. §§ 40-30-101 et seq.). Archer, 851 S.”
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). · cites it 2× “On March 15, 2007, the Petitioner filed a petition for relief under Tennessee’s Post-Conviction Procedure Act, Tenn.Code Ann. § 40-30-101, et seq., alleging that he had been denied the effective assistance of counsel.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.