Tennessee Code Annotated

Tenn. Code Ann. § 40-30-112 (2026)

Notice of final judgments by clerk of court

✓ current as of May 2026

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The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner and the attorney general and reporter at Nashville.

Acts 1995, ch. 207, § 1; T.C.A. § 40-30-212.

Notes of Decisions

Cited in 148 cases (3 in the last 5 years), 1983–2024 · leading case: Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997).

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Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). · cites it 14× “During the course of the evidentiary hearing, however, the petitioner was allowed to introduce proof that his trial counsel was ineffective; at that time, the state did not assert the defense of previous determination, Tenn.Code Ann. § 40-30-112 (repealed 1995), and made no…”

State v. Prince, 781 S.W.2d 846 (Tenn. 1989). · cites it 20× “Judge Daughtrey in dissent disputed the majority's holding that Prince's claim had not been waived under T.C.A. § 40-30-112 and concluded the Swanson rule did not apply.”

Alley v. State, 958 S.W.2d 138 (Tenn. Crim. App. 1997). · cites it 12× “The petitioner makes several claims of misconduct: (1) the trial judge misstated information in the Rule 12 report; (2) the trial judge improperly expedited the psychological review of the petitioner; and (3) the trial judge and his wife had inappropriate contact with the…”

Adkins v. State, 911 S.W.2d 334 (Tenn. Crim. App. 1995). · cites it 8× “(b)(1) A ground for relief is “waived” if the petitioner knowingly and wnderstand-ingly failed to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented.”

State v. West, 19 S.W.3d 753 (Tenn. 2000). · cites it 16× “Pursuant to Tenn.Code Ann. § 40-30-112 (1990) (repealed 1995), we find that the issue now raised by West has been both “previously determined” by this Court in our statutorily-required direct appeal review of his death sentences and “waived” by his failure to present it on…”

Cone v. Bell, 556 U.S. 449 (2009). · cites it 4× “Nevertheless, the court considered itself barred from reaching the merits of the claim because the Tennessee courts had concluded the claim was “previously determined or waived under Tenn. Code Ann. §40-30-112 .” Ibid. Briefly mentioning several isolated pieces of suppressed…”

Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). · cites it 12× “T.C.A. § 40-30-112 recognizes that several petitions might be filed over time, necessarily so in any case in which retroactive application of previously unrecognized applications of constitutional rights is available, T.”

House v. State, 911 S.W.2d 705 (Tenn. 1995). · cites it 8× “Tenn.Code Ann. § 40-30-112 (1990). 14 . Section One, Public Chapter 207, 1995 Public Acts says that "[a] ground for relief is previously determined if a court of competent jurisdiction has ruled on the merits after a full and fair hearing.”

Miller v. State, 54 S.W.3d 743 (Tenn. 2001). · cites it 10× “See Tenn. Code Ann. § 40-30-112 (a) (repealed 1995); Miller, 674 S.”

Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990). · cites it 4× “Tenn.Code Ann. § 40-30-112(b)(2). Teague v.”

Kenneth Wayne O'Guinn v. Michael Dutton, Cross-Appellee, 88 F.3d 1409 (6th Cir. 1996). · cites it 8× “See Tenn.Code Ann. § 40-30-112 (1990). The court of criminal appeals clearly stated that the record before it in the second post-conviction proceedings included the first post-conviction proceedings.”

Brimmer v. State, 29 S.W.3d 497 (Tenn. Crim. App. 1998). · cites it 8× “” Tenn.Code Ann. § 40-30-112(a) (repealed 1995).”

Show all 148 citing cases →

— Tenn. Code Ann. § 40-30-112(a) — 41 cases

Alley v. State, 958 S.W.2d 138 (Tenn. Crim. App. 1997). “The petitioner makes several claims of misconduct: (1) the trial judge misstated information in the Rule 12 report; (2) the trial judge improperly expedited the psychological review of the petitioner; and (3) the trial judge and his wife had inappropriate contact with the…”

Thompson v. State, 958 S.W.2d 156 (Tenn. Crim. App. 1997). “During the course of the evidentiary hearing, however, the petitioner was allowed to introduce proof that his trial counsel was ineffective; at that time, the state did not assert the defense of previous determination, Tenn.Code Ann. § 40-30-112 (repealed 1995), and made no…”

Miller v. State, 54 S.W.3d 743 (Tenn. 2001). “See Tenn. Code Ann. § 40-30-112 (a) (repealed 1995); Miller, 674 S.”

State v. West, 19 S.W.3d 753 (Tenn. 2000). “Pursuant to Tenn.Code Ann. § 40-30-112 (1990) (repealed 1995), we find that the issue now raised by West has been both “previously determined” by this Court in our statutorily-required direct appeal review of his death sentences and “waived” by his failure to present it on…”

Carter v. State, 958 S.W.2d 620 (Tenn. 1997).

— Tenn. Code Ann. § 40-30-112(a)(1) — 1 case

LaBryant King v. State of Tennessee (Tenn. Crim. App. 2005).

— Tenn. Code Ann. § 40-30-112(a)(1990) — 2 cases

Danny Meeks v. State (Tenn. Crim. App. 1998).

Nicholas Todd Sutton v. State (Tenn. Crim. App. 1999).

— Tenn. Code Ann. § 40-30-112(a)(l) — 1 case

— Tenn. Code Ann. § 40-30-112(b) — 20 cases

House v. State, 911 S.W.2d 705 (Tenn. 1995). “Tenn.Code Ann. § 40-30-112 (1990). 14 . Section One, Public Chapter 207, 1995 Public Acts says that "[a] ground for relief is previously determined if a court of competent jurisdiction has ruled on the merits after a full and fair hearing.”

Brimmer v. State, 29 S.W.3d 497 (Tenn. Crim. App. 1998). “” Tenn.Code Ann. § 40-30-112(a) (repealed 1995).”

— Tenn. Code Ann. § 40-30-112(b)(1) — 21 cases

Shazel v. State, 966 S.W.2d 414 (Tenn. 1998).

Teague v. State, 772 S.W.2d 915 (Tenn. Crim. App. 1988).

Owens v. State, 13 S.W.3d 742 (Tenn. Crim. App. 1999).

King v. State, 989 S.W.2d 319 (Tenn. 1999).

Caruthers v. State, 814 S.W.2d 64 (Tenn. Crim. App. 1991).

— Tenn. Code Ann. § 40-30-112(b)(2) — 10 cases

Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990). “Tenn.Code Ann. § 40-30-112(b)(2). Teague v.”

Coker v. State, 911 S.W.2d 357 (Tenn. Crim. App. 1995).

Teague v. State, 772 S.W.2d 915 (Tenn. Crim. App. 1988).

King v. State, 989 S.W.2d 319 (Tenn. 1999).

Massey v. State, 929 S.W.2d 399 (Tenn. Crim. App. 1996).

— Tenn. Code Ann. § 40-30-112(b)(2)(1990) — 1 case

Danny Meeks v. State (Tenn. Crim. App. 1998).

— Tenn. Code Ann. § 40-30-112(b)(l) — 9 cases

Adkins v. State, 911 S.W.2d 334 (Tenn. Crim. App. 1995). “(b)(1) A ground for relief is “waived” if the petitioner knowingly and wnderstand-ingly failed to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented.”

Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990). “Tenn.Code Ann. § 40-30-112(b)(2). Teague v.”

Miller v. State, 54 S.W.3d 743 (Tenn. 2001). “See Tenn. Code Ann. § 40-30-112 (a) (repealed 1995); Miller, 674 S.”

Cone v. State, 927 S.W.2d 579 (Tenn. Crim. App. 1995).

Rickman v. State, 972 S.W.2d 687 (Tenn. Crim. App. 1997).

— Tenn. Code Ann. § 40-30-112(d) — 1 case

Larry T. Carter v. State (Tenn. Crim. App. 1998).

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.