Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 30 / Part 2
Tennessee Code Annotated

Tenn. Code Ann. § 40-30-207 (2026)

Conflict of interest and substitute counsel

✓ current as of May 2026
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If at any time during the representation of two (2) or more indigent persons, the post-conviction defender determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the post-conviction defender or the post-conviction defender's staff without conflict of interest, the court in which the proceeding is pending shall, upon application therefor by the post-conviction defender, appoint one (1) or more qualified attorneys to represent the persons.

Acts 1995, ch. 510, § 1; T.C.A. § 40-30-307.

Notes of Decisions
Cited in 29 cases (2 in the last 5 years), 1996–2025 · leading case: Arnold v. State, 143 S.W.3d 784 (Tenn. 2004).
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Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). · cites it 10× “In the present case, Arnold argues that his petition states a colorable claim and that the post-conviction court therefore erred in failing to appoint counsel to amend the petition under Tennessee Code Annotated section 40-30-207. Arnold’s petition states that Petitioner from…”
Burnett v. State, 92 S.W.3d 403 (Tenn. 2002). · cites it 4× “Tenn. Code Ann. § 40-30-207 (b)(l) (1997).”
Frazier v. State, 303 S.W.3d 674 (Tenn. 2010). · cites it 2× “Although applicable only to post-conviction petitioners sentenced to death, we believe that the principles espoused in Tennessee Code Annotated section 40-30-207 are instructive in that the statute provides certain assurances of conflict-free counsel.”
Leslie v. State, 36 S.W.3d 34 (Tenn. 2000). · cites it 4× “” Tenn.Code Ann. § 40-30-207(b)(l) (1997). Counsel shall file either an amended petition for post-conviction relief or written notice that an amended petition will not be filed.”
Kendricks v. State, 13 S.W.3d 401 (Tenn. Crim. App. 1999). · cites it 2× “This includes, pursuant to T.C.A. § 40-30-207, the appointment of counsel (assuming the petitioner is indigent) and the opportunity to amend his petition.”
McCullough v. State, 144 S.W.3d 382 (Tenn. Crim. App. 2003). · cites it 2× “2000); Tenn.Code Ann. § 40-30-207(b)(l). This Court has previously concluded that this statutory right includes the right to be represented by conflict-free counsel.”
Waite v. State, 948 S.W.2d 283 (Tenn. Crim. App. 1997). “The cause is remanded for the appointment of counsel outlined in Tennessee Code Annotated § 40-30-207. The state should file a response according to Tennessee Code Annotated § 40-30-208.”
Gregory Bonds v. State of Tennessee (Tenn. Crim. App. 2025). · cites it 4× “(citing Tenn. Code Ann. § 40-30-207 (b)(1) (1997)).”
William Patrick Robinson v. State of Tennessee (Tenn. Crim. App. 2004). · cites it 5× “Tenn. Code Ann. § 40-30-207 (b)(1) (1997).”
William Patrick Robinson v. State of Tennessee (Tenn. Crim. App. 2010). · cites it 4× “6 Section 40-30-207 was renumbered to 40-30-107 in 2003.”
Kenneth J. Cradic v. State of Tennessee (Tenn. Crim. App. 2010). · cites it 4× “2 Section 40-30-207 was renumbered to 40-30-107 in 2003.”
Mark J. Metz v. State of Tennessee (Tenn. Crim. App. 2006). · cites it 4× “Tenn. Code Ann. § 40-30-107 (b)(2) (2003); see also Burnett, 92 S.”
Show all 29 citing cases →
— Tenn. Code Ann. § 40-30-207(a) — 2 cases
Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). “In the present case, Arnold argues that his petition states a colorable claim and that the post-conviction court therefore erred in failing to appoint counsel to amend the petition under Tennessee Code Annotated section 40-30-207. Arnold’s petition states that Petitioner from…”
Calvin Kinzer v. State of Tennessee (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 40-30-207(b)(1) — 7 cases
Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). “In the present case, Arnold argues that his petition states a colorable claim and that the post-conviction court therefore erred in failing to appoint counsel to amend the petition under Tennessee Code Annotated section 40-30-207. Arnold’s petition states that Petitioner from…”
Eric Parker v. State of Tennessee (Tenn. Crim. App. 2016).
William Patrick Robinson v. State of Tennessee (Tenn. Crim. App. 2010). “6 Section 40-30-207 was renumbered to 40-30-107 in 2003.”
Kenneth J. Cradic v. State of Tennessee (Tenn. Crim. App. 2010). “2 Section 40-30-207 was renumbered to 40-30-107 in 2003.”
Corey Lynn Clark v. State of Tennessee (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-30-207(b)(2) — 4 cases
Arnold v. State, 143 S.W.3d 784 (Tenn. 2004). “In the present case, Arnold argues that his petition states a colorable claim and that the post-conviction court therefore erred in failing to appoint counsel to amend the petition under Tennessee Code Annotated section 40-30-207. Arnold’s petition states that Petitioner from…”
Leslie v. State, 36 S.W.3d 34 (Tenn. 2000). “” Tenn.Code Ann. § 40-30-207(b)(l) (1997). Counsel shall file either an amended petition for post-conviction relief or written notice that an amended petition will not be filed.”
Nehad Sobhi Abdelnabi v. State of Tennessee (Tenn. Crim. App. 2022).
Johnny O. Clark v. State of Tennessee (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-30-207(b)(l) — 2 cases
Leslie v. State, 36 S.W.3d 34 (Tenn. 2000). “” Tenn.Code Ann. § 40-30-207(b)(l) (1997). Counsel shall file either an amended petition for post-conviction relief or written notice that an amended petition will not be filed.”
McCullough v. State, 144 S.W.3d 382 (Tenn. Crim. App. 2003). “2000); Tenn.Code Ann. § 40-30-207(b)(l). This Court has previously concluded that this statutory right includes the right to be represented by conflict-free counsel.”
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