Tennessee Code Annotated
Tenn. Code Ann. § 40-30-102 (2026)
When prisoners may petition for post-conviction relief
✓ current as of May 2026
- (a) Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Except as specifically provided in subsections (b) and (c), the right to file a petition for post-conviction relief or a motion to reopen under this chapter shall be extinguished upon the expiration of the limitations period.
- (b) No court shall have jurisdiction to consider a petition filed after the expiration of the limitations period unless:
- (1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial;
- (2) The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or
- (3) The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid.
- (c) This part contemplates the filing of only one (1) petition for post-conviction relief. In no event may more than one (1) petition for post-conviction relief be filed attacking a single judgment. If a prior petition has been filed which was resolved on the merits by a court of competent jurisdiction, any second or subsequent petition shall be summarily dismissed. A petitioner may move to reopen a post-conviction proceeding that has been concluded, under the limited circumstances set out in § 40-30-117.
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 1-3; T.C.A. § 40-30-202.
Notes of Decisions
Cited in 1,167
cases (188 in the last 5 years), 1987–2026 · leading case: Burford v. State, 845 S.W.2d 204 (Tenn. 1992).
Burford v. State, 845 S.W.2d 204 (Tenn. 1992). “Clearly, the post-conviction claim here was filed more than three years after the "final action of the state's highest appellate court" and ordinarily would have been barred under the plain language of the statute.”
Artis Whitehead v. State of Tennessee, 402 S.W.3d 615 (Tenn. 2013). “Under Tenn. Code Ann. § 40-30-102 (a) (2012), a petition for post- conviction relief must be filed within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on…”
Brown v. State, 928 S.W.2d 453 (Tenn. Crim. App. 1996). “1992) and argues that T.CA § 40-30-102 should not be applied in his case because he did not receive notice of its enactment while he was incarcerated in Florida.”
Derrick Brandon Bush v. State of Tennessee, 428 S.W.3d 1 (Tenn. 2014). “” Tenn. Code Ann. § 40-30-102 (b)(l). Tenn.”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “” Tenn. Code Ann. § 40-30-102 (a) (2006). The one year statute of limitations in post-conviction cases is subject to certain exceptions, none of which are relevant in the present case.”
Archer v. State, 851 S.W.2d 157 (Tenn. 1993). “Because Archer did not file that petition within the three-year period provided by T.C.A. § 40-30-102 for filing such claims, the trial court also ruled that consideration of the appellant’s petition was time-barred.”
State v. Prince, 781 S.W.2d 846 (Tenn. 1989). “He further found that the matters complained of had been previously determined and/or waived, having not been raised in his prior post-conviction relief petition filed on 9 September 1982.”
Potts v. State, 833 S.W.2d 60 (Tenn. 1992). “The state agreed to consolidate the post-conviction action with the guilty plea submission, but argued that the post-conviction challenge to the prior guilty pleas was time-barred by the provisions of T.C.A. § 40-30-102. The trial judge agreed with the state and dismissed the…”
Stephen Bernard Wlodarz v. State of Tennessee, 361 S.W.3d 490 (Tenn. 2012). “” Tenn. Code Ann. § 40-30-102 (a). Generally, courts may hear a post-conviction petition filed after the expiration of the statute of limitations if the “claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the…”
Sands v. State, 903 S.W.2d 297 (Tenn. 1995). “However, the State also points out that it did cite § 40-30-102 — the statute of limitations applicable to post-conviction claims.”
Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005). “1995), superseded by Tenn.Code Ann. § 40-30-102, the opportunity to bring a post-conviction petition applies only where “a person in custody under a sentence of a court of this state” seeks relief from a criminal sentence or conviction, Tenn.”
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “[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…”
— Tenn. Code Ann. § 40-30-102(1990) — 1 case
State v. Denton, 938 S.W.2d 373 (Tenn. 1996).
— Tenn. Code Ann. § 40-30-102(5) — 1 case
State v. David Lewis (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-30-102(a) — 369 cases
Artis Whitehead v. State of Tennessee, 402 S.W.3d 615 (Tenn. 2013). “Under Tenn. Code Ann. § 40-30-102 (a) (2012), a petition for post- conviction relief must be filed within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on…”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “” Tenn. Code Ann. § 40-30-102 (a) (2006). The one year statute of limitations in post-conviction cases is subject to certain exceptions, none of which are relevant in the present case.”
May v. Carlton, 245 S.W.3d 340 (Tenn. 2008).
Mills v. Wong, 155 S.W.3d 916 (Tenn. 2005). “1995), superseded by Tenn.Code Ann. § 40-30-102, the opportunity to bring a post-conviction petition applies only where “a person in custody under a sentence of a court of this state” seeks relief from a criminal sentence or conviction, Tenn.”
Derrick Brandon Bush v. State of Tennessee, 428 S.W.3d 1 (Tenn. 2014). “” Tenn. Code Ann. § 40-30-102 (b)(l). Tenn.”
— Tenn. Code Ann. § 40-30-102(a)(1) — 1 case
Harlen Roy L. Zirker v. State of Tennessee (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-30-102(b) — 237 cases
Artis Whitehead v. State of Tennessee, 402 S.W.3d 615 (Tenn. 2013). “Under Tenn. Code Ann. § 40-30-102 (a) (2012), a petition for post- conviction relief must be filed within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on…”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “” Tenn. Code Ann. § 40-30-102 (a) (2006). The one year statute of limitations in post-conviction cases is subject to certain exceptions, none of which are relevant in the present case.”
Jose Rodriguez a.k.a. Alex Lopez v. State of Tennessee, 437 S.W.3d 450 (Tenn. 2014).
Derrick Brandon Bush v. State of Tennessee, 428 S.W.3d 1 (Tenn. 2014). “” Tenn. Code Ann. § 40-30-102 (b)(l). Tenn.”
Coleman v. State, 341 S.W.3d 221 (Tenn. 2011).
— Tenn. Code Ann. § 40-30-102(b)(1) — 110 cases
Derrick Brandon Bush v. State of Tennessee, 428 S.W.3d 1 (Tenn. 2014). “” Tenn. Code Ann. § 40-30-102 (b)(l). Tenn.”
Jamaal Mayes v. State of Tennessee (Tenn. Crim. App. 2020).
Milburn L. Edwards v. State of Tennessee (Tenn. Crim. App. 2025).
State of Tennessee v. Michael J.W. Potter (Tenn. Crim. App. 2026).
Larry Keith Huddle v.State of Tennessee (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-30-102(b)(1)(3) — 1 case
Marcus D. Lee v. State of Tennessee (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-30-102(b)(2) — 15 cases
Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009).
Stephen Bernard Wlodarz v. State of Tennessee, 361 S.W.3d 490 (Tenn. 2012). “” Tenn. Code Ann. § 40-30-102 (a). Generally, courts may hear a post-conviction petition filed after the expiration of the statute of limitations if the “claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the…”
David Keen v. State of Tennessee, 398 S.W.3d 594 (Tenn. 2012).
Timothy Coleman v. State of Tennessee (Tenn. Crim. App. 2016).
Tony Mar-Kee Mosley (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 40-30-102(b)(3) — 3 cases
David Keen v. State of Tennessee, 398 S.W.3d 594 (Tenn. 2012).
Barry L. Price v. State of Tennessee (Tenn. Crim. App. 2008).
Charles Brenden Davis v. State of Tennessee (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 40-30-102(b)(l) — 2 cases
Derrick Brandon Bush v. State of Tennessee, 428 S.W.3d 1 (Tenn. 2014). “” Tenn. Code Ann. § 40-30-102 (b)(l). Tenn.”
Holton v. State, 201 S.W.3d 626 (Tenn. 2006).
— Tenn. Code Ann. § 40-30-102(c) — 139 cases
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “[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…”
Artis Whitehead v. State of Tennessee, 402 S.W.3d 615 (Tenn. 2013). “Under Tenn. Code Ann. § 40-30-102 (a) (2012), a petition for post- conviction relief must be filed within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on…”
Coleman v. State, 341 S.W.3d 221 (Tenn. 2011).
Bondurant v. State, 208 S.W.3d 424 (Tenn. Crim. App. 2006).
Maria Maclin v. State of Tennessee (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-30-102(e) — 1 case
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “[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…”
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