Tennessee Code Annotated
Tenn. Code Ann. § 40-30-110 (2026)
Hearing
✓ current as of May 2026
- (a) The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall permit the state adequate time to file any affidavits or depositions in response the state may wish.
- (b)
- (1) If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge.
- (2) The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
- (c) Proof upon the petitioner's claim or claims for relief shall be limited to evidence of the allegations of fact in the petition.
- (d) All evidentiary hearings shall be recorded.
- (e) The Tennessee Rules of Evidence shall apply except as otherwise required in this part.
- (f) The petitioner shall have the burden of proving the allegations of fact by clear and convincing evidence. There is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-210.
Notes of Decisions
Cited in 2,681
cases (375 in the last 5 years), 1994–2026 · leading case: Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009).
Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009). “§ 40-30-210(f) was renumbered as Tenn.Code Ann. § 40-30-110(f) in 2003.”
Carpenter v. State, 126 S.W.3d 879 (Tenn. 2004). “Tenn.Code Ann. § 40-30-110(f) (2003). [6] Under current law, lesser-included offense instructions must be given if "any evidence exists that reasonable minds could accept as to the lesser-included offense" and if this evidence, viewed in the light most favorable to the existence…”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004). “Tenn.Code Ann. § 40-30-110(f) (2003). After a post-conviction proceeding has been completed and relief has been denied, as in this case, a petitioner may move to reopen his petition for post-conviction relief under the limited circumstances set out in Tennessee Code Annotated…”
Guadalupe Arroyo v. State of Tennessee, 434 S.W.3d 555 (Tenn. 2014). “To be clear, when a defendant’s counsel fails to file a written waiver of appeal, the defendant does not get a free pass or a lower standard of proof; the burden remains on the defendant to establish factual allegations by clear and convincing evidence.”
Paul Dennis Reid, Jr. v. State of Tennessee, 396 S.W.3d 478 (Tenn. 2013). “” We have determined that, in harmony with Tenn. Code Ann. § 40-30-110 (0 and Groves, incompetency is an “issue of fact” that must be established by clear and convincing evidence.”
Calvert v. State, 342 S.W.3d 477 (Tenn. 2011). “See Tenn. Code Ann. § 40-30-110 (f). Rather than indicating confusion, the record instead supports the post-conviction court’s findings that counsel explained to Defendant the charges and potential sentences as well as the terms of the plea agreement, which Defendant agreed to…”
Cauthern v. State, 145 S.W.3d 571 (Tenn. Crim. App. 2004). “See Tenn.Code Ann. § 40-30-110(a) (2003) (“The petitioner shall appear and give testimony at the evidentiary hearing if such petition raises substantial questions of fact as to events in which the petitioner participated .”
Summers v. State, 212 S.W.3d 251 (Tenn. 2007). “See Tenn.Code Ann. § 40-30-110 (2006). We have rejected and will continue to reject efforts to intertwine the two procedures.”
Vaughn v. State, 202 S.W.3d 106 (Tenn. 2006). “Tenn.Code Ann. § 40-30-103 (2003); Howell v.”
Edward Thomas Kendrick, III v. State of Tennessee, 454 S.W.3d 450 (Tenn. 2015). “Tenn.Code Ann. § 40-30-110; Tenn. Sup.Ct.”
Howell v. State, 185 S.W.3d 319 (Tenn. 2006). “This statute has since been renumbered and currently appears as Tennessee Code Annotated section 40-30-110(f) (2003). 9 . The Tennessee Court of Criminal Appeals also has recognized that package plea agreements are valid.”
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016). “Tenn. Code Ann. § 40-30-110 (f). . A post-conviction court’s factual findings are conclusive on appeal unless the record preponderates against them.”
— Tenn. Code Ann. § 40-30-110(2)(f) — 4 cases
Charles Rice v. State of Tennessee (Tenn. Crim. App. 2013).
David Ivy v. State of Tennessee (Tenn. Crim. App. 2012).
Steven Ray Thacker v. State of Tennessee (Tenn. Crim. App. 2012).
Dennis Wade Suttles v. State of Tennessee (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-30-110(a) — 5 cases
Cauthern v. State, 145 S.W.3d 571 (Tenn. Crim. App. 2004). “See Tenn.Code Ann. § 40-30-110(a) (2003) (“The petitioner shall appear and give testimony at the evidentiary hearing if such petition raises substantial questions of fact as to events in which the petitioner participated .”
Brian C. Frelix v. State of Tennessee (Tenn. Crim. App. 2022).
Corinio Pruitt v. State of Tennessee (Tenn. Crim. App. 2022).
Thanath Sayadeth v. State of Tennessee (Tenn. Crim. App. 2012).
Alejandro Avila-Salazar v. State of Tennessee (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 40-30-110(b)(2)(f) — 1 case
James Patrick Stout v. State of Tennessee (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-30-110(c) — 11 cases
Charles Edgar Ledford v. State of Tennessee (Tenn. Crim. App. 2017).
Lindsey Brooke Lowe v. State of Tennessee (Tenn. Crim. App. 2024).
Antonio Dodson v. State of Tennessee (Tenn. Crim. App. 2025).
Jordan Harp v. State of Tennessee (Tenn. Crim. App. 2025).
Tommy Nunley v. State of Tennessee (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 40-30-110(e) — 1 case
Roy E. Keough v. State of Tennessee, 356 S.W.3d 366 (Tenn. 2011).
— Tenn. Code Ann. § 40-30-110(f) — 1377 cases
Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009). “§ 40-30-210(f) was renumbered as Tenn.Code Ann. § 40-30-110(f) in 2003.”
Carpenter v. State, 126 S.W.3d 879 (Tenn. 2004). “Tenn.Code Ann. § 40-30-110(f) (2003). [6] Under current law, lesser-included offense instructions must be given if "any evidence exists that reasonable minds could accept as to the lesser-included offense" and if this evidence, viewed in the light most favorable to the existence…”
Howell v. State, 151 S.W.3d 450 (Tenn. 2004). “Tenn.Code Ann. § 40-30-110(f) (2003). After a post-conviction proceeding has been completed and relief has been denied, as in this case, a petitioner may move to reopen his petition for post-conviction relief under the limited circumstances set out in Tennessee Code Annotated…”
Guadalupe Arroyo v. State of Tennessee, 434 S.W.3d 555 (Tenn. 2014). “To be clear, when a defendant’s counsel fails to file a written waiver of appeal, the defendant does not get a free pass or a lower standard of proof; the burden remains on the defendant to establish factual allegations by clear and convincing evidence.”
Vaughn v. State, 202 S.W.3d 106 (Tenn. 2006). “Tenn.Code Ann. § 40-30-103 (2003); Howell v.”
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