Tennessee Code Annotated
Tenn. Code Ann. § 40-30-113 (2026)
Petitioner unconstitutionally denied appeal - Procedure
✓ current as of May 2026
- (a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a review, the judge can:
- (1) If a transcript was filed, grant a delayed appeal;
- (2) If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or
- (3) If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure.
- (b) An order granting proceedings for a delayed appeal shall be deemed the final judgment for purposes of review. If either party does appeal, the time limits provided in this section shall be computed from the date the clerk of the trial court receives the order of the appellate court determining the appeal.
- (c) The judge of the court which sentenced a prisoner who has sought and obtained relief from that sentence by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-213.
Notes of Decisions
Cited in 86
cases (10 in the last 5 years), 1996–2026 · leading case: Wallace v. State, 121 S.W.3d 652 (Tenn. 2003).
Wallace v. State, 121 S.W.3d 652 (Tenn. 2003). “We begin our analysis by reviewing when a defendant may obtain a delayed appeal as set forth in Tennessee Code Annotated section 40-30-113 (2003): (a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from…”
Stokes v. State, 146 S.W.3d 56 (Tenn. 2004). “” Tenn.Code Ann. § 40-30-113(a) (2003). In State v.”
Gabriel C. Torres v. State of Tennessee, 543 S.W.3d 141 (Tenn. Crim. App. 2017). “T.C.A. § 40-30-113. The post-conviction court herein did not grant Petitioner a delayed appeal but rather ordered that Petitioner was entitled to a new trial.”
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2014). “If the post-conviction court determines that the statute should be tolled for due process considerations, the court should then determine if Petitioner received ineffective assistance of counsel and is entitled to a delayed appeal under Tennessee Code annotated section…”
State of Tennessee v. Quincy D. Scott (Tenn. Crim. App. 2022). ““Upon determination by the trial court that the petitioner was deprived of the right to file an appeal pursuant to Rule 3, Tennessee Rules of Appellate Procedure, the trial court shall apply the procedures set out in Tennessee Code Annotated section 40-30-113.” Tenn. Sup. Ct. R.…”
State of Tennessee v. Houston Thomas Wilkes (Tenn. Crim. App. 2026). “Tenn. Code Ann. § 40-30-113 . The Defendant acknowledges that “the parties may not circumvent the required procedures for obtaining a delayed appeal by entering an agreed order granting a delayed appeal.”
State of Tennessee v. James Tremelle Hunt (Tenn. Crim. App. 2014). “(citing T.C.A. § 40-30-113). On February 22, 2013, the defendant filed a pleading styled “Motion to Appoint Counsel and Accept Delayed Filed Notice of Appeal.”
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2015). “-3- In this case, Tennessee Code Annotated section 40-30-113 applies. This statute outlines the procedure for granting a delayed appeal as follows: (a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal…”
Sharod Winford Moore v. State of Tennessee (Tenn. Crim. App. 2019). “Tenn. Code Ann. § 40-30-113 . In addition, Rule 28, section 9(D)(1)(b)(i) of the Rules of the Tennessee Supreme Court explicitly states: Upon determination by the trial court that the petitioner was deprived of the right to request an appeal pursuant to Rule 11, Tennessee Rules…”
Joshua L. Hutcherson v. State of Tennessee (Tenn. Crim. App. 2019). “Tenn. Code Ann. § 40-30-113 (emphasis added).”
State of Tennessee v. Trenell Lamar Copeland (Tenn. Crim. App. 2019). “After summarizing the procedural history of the case and the testimony at the evidentiary hearing, the post-conviction court ordered: Based upon the testimony presented at the hearing, the Court finds cause to grant the petitioner [Defendant] thirty (30) days pursuant to Tenn.…”
Zacharious Cole v. State of Tennessee (Tenn. Crim. App. 2020). “See T.C.A. § 40-30-113(a)(3). Accordingly, the judgment of the post-conviction court is reversed, and this matter is remanded for proceedings consistent with this opinion.”
— Tenn. Code Ann. § 40-30-113(1990) — 1 case
William Lee Bramlett v. State (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-30-113(3) — 2 cases
State of Tennessee v. Marcus Gergish (Tenn. Crim. App. 2017).
State of Tennessee v. Arnold v. Porter (Tenn. Crim. App. 1996).
— Tenn. Code Ann. § 40-30-113(a) — 18 cases
Stokes v. State, 146 S.W.3d 56 (Tenn. 2004). “” Tenn.Code Ann. § 40-30-113(a) (2003). In State v.”
Willie Bob King v. State of Tennessee (Tenn. Crim. App. 2011).
State of Tennessee v. Charlene Trussell (Tenn. Crim. App. 2017).
Shawn Simmons v. Randy Lee, Warden (Tenn. Crim. App. 2018).
Ugenio Dejesus Ruby-Ruiz v. State of Tennessee (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 40-30-113(a)(1) — 7 cases
State of Tennessee v. Anthony Woods (Tenn. Crim. App. 2013).
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2014). “If the post-conviction court determines that the statute should be tolled for due process considerations, the court should then determine if Petitioner received ineffective assistance of counsel and is entitled to a delayed appeal under Tennessee Code annotated section…”
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2015). “-3- In this case, Tennessee Code Annotated section 40-30-113 applies. This statute outlines the procedure for granting a delayed appeal as follows: (a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal…”
State of Tennessee v. Michael L. Caudle (Tenn. Crim. App. 2019).
Johnathan Robert Leonard v. State of Tennessee (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 40-30-113(a)(2) — 1 case
Reginald C. Malone, Sr. v. State of Tennessee (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-30-113(a)(3) — 15 cases
Gabriel C. Torres v. State of Tennessee, 543 S.W.3d 141 (Tenn. Crim. App. 2017). “T.C.A. § 40-30-113. The post-conviction court herein did not grant Petitioner a delayed appeal but rather ordered that Petitioner was entitled to a new trial.”
Zacharious Cole v. State of Tennessee (Tenn. Crim. App. 2020). “See T.C.A. § 40-30-113(a)(3). Accordingly, the judgment of the post-conviction court is reversed, and this matter is remanded for proceedings consistent with this opinion.”
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2014). “If the post-conviction court determines that the statute should be tolled for due process considerations, the court should then determine if Petitioner received ineffective assistance of counsel and is entitled to a delayed appeal under Tennessee Code annotated section…”
State of Tennessee v. Emily Ashton Williams & Joel Scott Sweeney (Tenn. Crim. App. 2024).
Jerry Rommell Gray v. State of Tennessee (Tenn. Crim. App. 2015). “-3- In this case, Tennessee Code Annotated section 40-30-113 applies. This statute outlines the procedure for granting a delayed appeal as follows: (a) When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal…”
— Tenn. Code Ann. § 40-30-113(b) — 1 case
State of Tennessee v. Quincy D. Scott (Tenn. Crim. App. 2022). ““Upon determination by the trial court that the petitioner was deprived of the right to file an appeal pursuant to Rule 3, Tennessee Rules of Appellate Procedure, the trial court shall apply the procedures set out in Tennessee Code Annotated section 40-30-113.” Tenn. Sup. Ct. R.…”
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