Tennessee Code Annotated
Tenn. Code Ann. § 40-30-104 (2026)
Petition
✓ current as of May 2026
- (a) A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b).
- (b) The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d).
- (c) The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions.
- (d) The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included.
- (e) The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it.
- (f) The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief.
- (g) Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-204.
Notes of Decisions
Cited in 185
cases (32 in the last 5 years), 1983–2026 · leading case: Swanson v. State, 749 S.W.2d 731 (Tenn. 1988).
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “When a petition does not conform to the requirements of T.C.A. § 40-30-104, “no petition for relief shall be dismissed for failure to follow the prescribed form or procedure until after the judge has given the petitioner reasonable opportunity, with the aid of counsel, to file…”
Cooper v. State, 847 S.W.2d 521 (Tenn. Crim. App. 1992). “T.C.A. § 40-30-104(a)(10). If his allegations are only conclusory in nature or do not otherwise show a constitutional violation, the trial court is entitled to dismiss the particular claim without an evidentiary hearing.”
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “” Tenn.Code Ann. § 40-30-104(a) (2006). Mr.”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004). “Under the Act, a prisoner may file a petition for post conviction relief with the clerk of the court where the conviction occurred, Tenn.Code Ann. § 40-30-104(a) (2003), and "[r]elief shall be granted when the conviction or sentence is void or voidable because of the abridgment…”
Cauthern v. State, 145 S.W.3d 571 (Tenn. Crim. App. 2004). “See Tenn.Code Ann. § 40-30-104(e) (2003). Furthermore, to the extent that the petitioner is attempting to assert an ineffective assistance of counsel claim, his cursory statement that counsel abandoned their duty to challenge the state’s case is wholly insufficient to merit…”
Sample v. State, 82 S.W.3d 267 (Tenn. 2002). “2d at 30 ; see also Tenn.Code Ann. § 40-30-104(b) (1990) ("The petition shall have attached affidavits, records or other evidence supporting its allegations .”
Sexton v. State, 151 S.W.3d 525 (Tenn. Crim. App. 2004). “T.C.A. § 40-30-104(e). The petitioner relies upon dictum in Rogers Harris v.”
Holton v. State, 201 S.W.3d 626 (Tenn. 2006). “” Tenn.Code Ann. § 40-30-104(a) (2003). The petition 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 takenId.”
Caruthers v. State, 814 S.W.2d 64 (Tenn. Crim. App. 1991). “Tenn.Code Ann. § 40-30-104(a)(10); Gant v.”
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “The amendment was not verified by Reid but included the following statement of counsel: "Counsel have not requested that Petitioner sign this Amended Petition as required by Tenn.Code Ann. § 40-30-104(d) and Tenn. Sup.”
Jose Rodriguez a.k.a. Alex Lopez v. State of Tennessee, 437 S.W.3d 450 (Tenn. 2014). “” Tenn.Code Ann. § 40-30-104(a). The petitioner is entitled to relief only when his “conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.”
Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010). “Tennessee Code Annotated section 40-30-104 provides: "Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained.”
— Tenn. Code Ann. § 40-30-104(10) — 2 cases
State v. Higgins, 729 S.W.2d 288 (Tenn. Crim. App. 1987).
Proctor v. State, 868 S.W.2d 669 (Tenn. Crim. App. 1992).
— Tenn. Code Ann. § 40-30-104(a) — 20 cases
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009). “” Tenn.Code Ann. § 40-30-104(a) (2006). Mr.”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004). “Under the Act, a prisoner may file a petition for post conviction relief with the clerk of the court where the conviction occurred, Tenn.Code Ann. § 40-30-104(a) (2003), and "[r]elief shall be granted when the conviction or sentence is void or voidable because of the abridgment…”
Jose Rodriguez a.k.a. Alex Lopez v. State of Tennessee, 437 S.W.3d 450 (Tenn. 2014). “” Tenn.Code Ann. § 40-30-104(a). The petitioner is entitled to relief only when his “conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.”
Rigger v. State, 341 S.W.3d 299 (Tenn. Crim. App. 2010). “Tennessee Code Annotated section 40-30-104 provides: "Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained.”
Tracy Rose Baker v. State of Tennessee, 417 S.W.3d 428 (Tenn. 2013).
— Tenn. Code Ann. § 40-30-104(a)(10) — 9 cases
Cooper v. State, 847 S.W.2d 521 (Tenn. Crim. App. 1992). “T.C.A. § 40-30-104(a)(10). If his allegations are only conclusory in nature or do not otherwise show a constitutional violation, the trial court is entitled to dismiss the particular claim without an evidentiary hearing.”
Caruthers v. State, 814 S.W.2d 64 (Tenn. Crim. App. 1991). “Tenn.Code Ann. § 40-30-104(a)(10); Gant v.”
Coker v. State, 911 S.W.2d 357 (Tenn. Crim. App. 1995).
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “When a petition does not conform to the requirements of T.C.A. § 40-30-104, “no petition for relief shall be dismissed for failure to follow the prescribed form or procedure until after the judge has given the petitioner reasonable opportunity, with the aid of counsel, to file…”
Albert v. State, 813 S.W.2d 426 (Tenn. 1991).
— Tenn. Code Ann. § 40-30-104(a)(6) — 1 case
Albert v. State, 813 S.W.2d 426 (Tenn. 1991).
— Tenn. Code Ann. § 40-30-104(a)(8) — 1 case
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “When a petition does not conform to the requirements of T.C.A. § 40-30-104, “no petition for relief shall be dismissed for failure to follow the prescribed form or procedure until after the judge has given the petitioner reasonable opportunity, with the aid of counsel, to file…”
— Tenn. Code Ann. § 40-30-104(b) — 6 cases
Sample v. State, 82 S.W.3d 267 (Tenn. 2002). “2d at 30 ; see also Tenn.Code Ann. § 40-30-104(b) (1990) ("The petition shall have attached affidavits, records or other evidence supporting its allegations .”
Christopher Lewis v. State of Tennessee (Tenn. Crim. App. 2016).
Crystal Lee Martin v. State of Tennessee (Tenn. Crim. App. 2026).
John Willie Stone v. State of Tennessee (Tenn. Crim. App. 2017).
Otha Bomar v. State (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-30-104(c) — 15 cases
Jose Rodriguez a.k.a. Alex Lopez v. State of Tennessee, 437 S.W.3d 450 (Tenn. 2014). “” Tenn.Code Ann. § 40-30-104(a). The petitioner is entitled to relief only when his “conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.”
Tracy Rose Baker v. State of Tennessee, 417 S.W.3d 428 (Tenn. 2013).
Tom Perry Bell v. State of Tennessee (Tenn. Crim. App. 2013).
David Neal Davis v. State of Tennessee (Tenn. Crim. App. 2014).
Daetrus Pilate v. State of Tennessee (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 40-30-104(d) — 38 cases
Reid v. State, 197 S.W.3d 694 (Tenn. 2006). “The amendment was not verified by Reid but included the following statement of counsel: "Counsel have not requested that Petitioner sign this Amended Petition as required by Tenn.Code Ann. § 40-30-104(d) and Tenn. Sup.”
Holton v. State, 201 S.W.3d 626 (Tenn. 2006). “” Tenn.Code Ann. § 40-30-104(a) (2003). The petition 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 takenId.”
Roy E. Keough v. State of Tennessee, 356 S.W.3d 366 (Tenn. 2011).
Mark Lipton v. State of Tennessee (Tenn. Crim. App. 2020).
Harold Allen Vaughn v. State of Tennessee (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 40-30-104(e) — 35 cases
Cauthern v. State, 145 S.W.3d 571 (Tenn. Crim. App. 2004). “See Tenn.Code Ann. § 40-30-104(e) (2003). Furthermore, to the extent that the petitioner is attempting to assert an ineffective assistance of counsel claim, his cursory statement that counsel abandoned their duty to challenge the state’s case is wholly insufficient to merit…”
Sexton v. State, 151 S.W.3d 525 (Tenn. Crim. App. 2004). “T.C.A. § 40-30-104(e). The petitioner relies upon dictum in Rogers Harris v.”
Holton v. State, 201 S.W.3d 626 (Tenn. 2006). “” Tenn.Code Ann. § 40-30-104(a) (2003). The petition 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 takenId.”
Cordarius Maxwell v. State of Tennessee (Tenn. Crim. App. 2019).
Terrance Lawrence v. State of Tennessee (Tenn. Crim. App. 2023).
— Tenn. Code Ann. § 40-30-104(g) — 3 cases
Tony Thomas v. State of Tennessee (Tenn. Crim. App. 2018).
Anthony H. Dean v. State of Tennessee (Tenn. Crim. App. 2006).
Janalee Wilson v. State of Tennessee (Tenn. Crim. App. 2006).
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