Tennessee Code Annotated

Tenn. Code Ann. § 40-30-204 (2026)

Chair - Meetings - Duties

✓ current as of May 2026

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(a) The members of the commission shall designate one (1) member of the commission as chair.

(b) Meetings of the commission may be held upon reasonable notice to the commission members by the chair of the commission and shall be in compliance with title 8, chapter 44.

(c) The commission shall appoint a qualified attorney to the office of post-conviction defender.

(d) The commission shall prepare an annual budget for the office of the post-conviction defender, administer the funds made available to the office, and oversee the expenditure of the funds.

Acts 1995, ch. 510, § 1; T.C.A. § 40-30-304; Acts 2011 , ch. 414, § 7.

Notes of Decisions

Cited in 79 cases (1 in the last 5 years), 1996–2022 · leading case: Leonard Edward Smith v. State of Tennessee, 357 S.W.3d 322 (Tenn. 2011).

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Leonard Edward Smith v. State of Tennessee, 357 S.W.3d 322 (Tenn. 2011). · cites it 4× “See Tenn.Code Ann. §§ 40-30-204(a) (1996) (stating that “a post-conviction proceeding is commenced by filing .”

State v. Nix, 40 S.W.3d 459 (Tenn. 2001). · cites it 4× “See Tenn.Code Ann. § 40-30-204(e) (“The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition.”

Burnett v. State, 92 S.W.3d 403 (Tenn. 2002). · cites it 2× “Tenn.Code Ann. § 40-30-204(a) (1997). The petition must contain a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds.”

Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). · cites it 2× “Tenn.Code Ann. § 40-30-204(a) (1997). The petition must contain “a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds.”

Hutcherson v. State, 75 S.W.3d 929 (Tenn. Crim. App. 2001). · cites it 4× “See Tenn.Code Ann. § 40-30-204(e). Factual allegations to support his claims are required and vital if the petition is to survive preliminary review by the trial court.”

Henry Hodges v. Stanton Heidle, Warden, 727 F.3d 517 (6th Cir. 2013). “See Tenn. Code Ann. § 40-30-204 (e) (1997). No.”

Blair v. State, 969 S.W.2d 423 (Tenn. Crim. App. 1997). · cites it 3× “Tenn. Code Ann. § 40-30-204 (e). The presumption of waiver exists as follows: (g) A ground for relief is waived if the petitioner personally or through an attorney failed to present it for determination in any proceeding before a court of competent jurisdiction in which the…”

Leslie v. State, 36 S.W.3d 34 (Tenn. 2000). · cites it 2× “See Tenn.Code Ann. § 40-30-204 (1997). A 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 taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final.”

Harris v. State, 996 S.W.2d 840 (Tenn. Crim. App. 1999). · cites it 2× “Tenn. Code Ann. § 40-30-204 (e). “A ground for relief is waived if the petitioner personally or through an attorney failed to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented.”

Henry Hodges v. Roland Colson, 711 F.3d 589 (6th Cir. 2013). “See Tenn. Code Ann. § 40-30-204 (e) (1997). No.”

Charles Montague v. State (Tenn. Crim. App. 2000). · cites it 14× “The State filed an Answer and Motion to Dismiss the Amended Petition contending that the appellant’s petition fails to satisfy the procedural requirements of Tenn. Code Ann. § 40-30-204 (d). On November 25, 1998, the post-conviction court entered an order granting the appellant…”

Charles Montague v. Michael Kellum (Tenn. Ct. App. 2002). · cites it 6× “In its Order, the Criminal Court held that the Amended Petition did not comply with Tenn. Code Ann. § 40-30-204 , because it was not verified under oath and did not state facts to support allegations that would require setting the matter for hearing.”

Show all 79 citing cases →

— Tenn. Code Ann. § 40-30-204(1) — 1 case

Brett Allen Patterson v. State of Tennessee (Tenn. Crim. App. 2006).

— Tenn. Code Ann. § 40-30-204(a) — 8 cases

Leonard Edward Smith v. State of Tennessee, 357 S.W.3d 322 (Tenn. 2011). “See Tenn.Code Ann. §§ 40-30-204(a) (1996) (stating that “a post-conviction proceeding is commenced by filing .”

Burnett v. State, 92 S.W.3d 403 (Tenn. 2002). “Tenn.Code Ann. § 40-30-204(a) (1997). The petition must contain a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds.”

Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). “Tenn.Code Ann. § 40-30-204(a) (1997). The petition must contain “a clear and specific statement of all grounds upon which relief is sought, including full disclosure of the factual basis of those grounds.”

McElhaney v. State (Tenn. Crim. App. 2010).

State v. David Brown (Tenn. Crim. App. 2000).

— Tenn. Code Ann. § 40-30-204(c) — 4 cases

Leonard Edward Smith v. State of Tennessee, 357 S.W.3d 322 (Tenn. 2011). “See Tenn.Code Ann. §§ 40-30-204(a) (1996) (stating that “a post-conviction proceeding is commenced by filing .”

Samuel David Land v. State of Tennessee (Tenn. Crim. App. 2004).

Robert E. Pugh v. State of Tennessee (Tenn. Crim. App. 2003).

Quincy L. Goodine v. State of Tennessee (Tenn. Crim. App. 2003).

— Tenn. Code Ann. § 40-30-204(d) — 3 cases

Dock Walker v. State of Tennessee (Tenn. Crim. App. 2003).

Kenneth R. Griffin v. State of Tennessee (Tenn. Crim. App. 2002).

Roderick D. Cobb v. State of Tennessee (Tenn. Crim. App. 2001).

— Tenn. Code Ann. § 40-30-204(e) — 5 cases

State v. Nix, 40 S.W.3d 459 (Tenn. 2001). “See Tenn.Code Ann. § 40-30-204(e) (“The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition.”

Hutcherson v. State, 75 S.W.3d 929 (Tenn. Crim. App. 2001). “See Tenn.Code Ann. § 40-30-204(e). Factual allegations to support his claims are required and vital if the petition is to survive preliminary review by the trial court.”

Blair v. State, 969 S.W.2d 423 (Tenn. Crim. App. 1997). “Tenn. Code Ann. § 40-30-204 (e). The presumption of waiver exists as follows: (g) A ground for relief is waived if the petitioner personally or through an attorney failed to present it for determination in any proceeding before a court of competent jurisdiction in which the…”

State v. Ronnie Bradfield (Tenn. Crim. App. 2000).

Antonio Bonds v. State of Tennessee (Tenn. Crim. App. 2011).

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