Tennessee Code Annotated
Tenn. Code Ann. § 40-30-115 (2026)
Determination of indigency - Appointment of counsel and court reporters
✓ current as of May 2026
Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-215.
Notes of Decisions
Cited in 27
cases (4 in the last 5 years), 1988–2026 · leading case: House v. State, 911 S.W.2d 705 (Tenn. 1995).
House v. State, 911 S.W.2d 705 (Tenn. 1995). “Tenn.Code Ann. § 40-30-103 and -104 (1990 & 1994 Supp.”
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “Under T.C.A. § 40-30-115(a), the court “may freely allow amendments and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief.”
Wade v. State, 914 S.W.2d 97 (Tenn. Crim. App. 1995). “According to Tennessee Code Annotated Section 40-30-115(a) (1990): “The court .”
Allen v. State, 854 S.W.2d 873 (Tenn. 1993). “” T.C.A. § 40-30-115(a). The statute as a whole, however, makes clear that the limiting effect of Section 40-30-112 must be considered in determining “all available grounds for relief.”
State v. Smith, 814 S.W.2d 45 (Tenn. 1991). “Section 40-30-115 provides that the trial court “may freely allow amendments and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief.”
Victor James Cazes v. State, 980 S.W.2d 364 (Tenn. 1998). “This case is governed by the now-repealed Post-Conviction Procedure Act, Tenn.Code Ann. § 40-30-101 et seq. (1990).”
Albert v. State, 813 S.W.2d 426 (Tenn. 1991). “The record shows that pursuant to T.C.A. § 40-30-115 the court allowed the withdrawal of the petition prior to the hearing; consequently, there has been no proceeding before a court at which the grounds alleged could have been presented.”
Williams v. State, 831 S.W.2d 281 (Tenn. 1992). “This appeal concerns the effect of a voluntary withdrawal of a petition for post-conviction relief, under T.C.A. § 40-30-115(a). That statute provides that a court “may grant leave to withdraw the petition at any time prior to the entry of the judgment.”
Blair v. State, 969 S.W.2d 423 (Tenn. Crim. App. 1997). “In this appeal, the Petitioner argues that the issues have not been previously determined and requests a “full and fair hearing” and cites sections from the now repealed Post-Conviction Procedure Act and not from *425 the Act which applies.”
Fredrick v. State, 906 S.W.2d 927 (Tenn. Crim. App. 1993). “See T.C.A § 40-30-115(b). We agree with the trial court that appellant’s petition is time barred by the three-year statute of limitations in T.”
Martucci v. State, 872 S.W.2d 947 (Tenn. Crim. App. 1993). “§ 40-30-107, which provides that no dismissal shall be ordered for defects in form or procedure until there has been a counsel-aided, reasonable opportunity to amend; and T.C.A. § 40-30-115, which provides that no petition shall be dismissed for technical defects, incompleteness…”
Steadman v. State, 806 S.W.2d 780 (Tenn. Crim. App. 1990). “Looking to the spirit of T.C.A. § 40-30-115, a petitioner should be given a "reasonable opportunity, with the aid of counsel, to file amendments” to correct such a procedural defect.”
— Tenn. Code Ann. § 40-30-115(a) — 8 cases
House v. State, 911 S.W.2d 705 (Tenn. 1995). “Tenn.Code Ann. § 40-30-103 and -104 (1990 & 1994 Supp.”
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “Under T.C.A. § 40-30-115(a), the court “may freely allow amendments and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief.”
Wade v. State, 914 S.W.2d 97 (Tenn. Crim. App. 1995). “According to Tennessee Code Annotated Section 40-30-115(a) (1990): “The court .”
Allen v. State, 854 S.W.2d 873 (Tenn. 1993). “” T.C.A. § 40-30-115(a). The statute as a whole, however, makes clear that the limiting effect of Section 40-30-112 must be considered in determining “all available grounds for relief.”
Victor James Cazes v. State, 980 S.W.2d 364 (Tenn. 1998). “This case is governed by the now-repealed Post-Conviction Procedure Act, Tenn.Code Ann. § 40-30-101 et seq. (1990).”
— Tenn. Code Ann. § 40-30-115(b) — 3 cases
House v. State, 911 S.W.2d 705 (Tenn. 1995). “Tenn.Code Ann. § 40-30-103 and -104 (1990 & 1994 Supp.”
Swanson v. State, 749 S.W.2d 731 (Tenn. 1988). “Under T.C.A. § 40-30-115(a), the court “may freely allow amendments and shall require amendments needed to achieve substantial justice and a full and fair hearing of all available grounds for relief.”
Fredrick v. State, 906 S.W.2d 927 (Tenn. Crim. App. 1993). “See T.C.A § 40-30-115(b). We agree with the trial court that appellant’s petition is time barred by the three-year statute of limitations in T.”
— Tenn. Code Ann. § 40-30-115(b)(2) — 3 cases
State of Tennessee v. Anthony Humberto Cuevas (Tenn. Crim. App. 2019).
State of Tennessee v. Sanford Lee Parker (Tenn. Crim. App. 2008).
State of Tennessee v. Jermeil Ralph Tarter (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 40-30-115(b)(5) — 1 case
State of Tennessee v. Tony Hoover (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-30-115(c) — 1 case
Terrance Carter v. State of Tennessee (Tenn. Crim. App. 2007).
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