Tennessee Code Annotated
Tenn. Code Ann. § 40-30-208 (2026)
Appointment of assistants and other staff - Method of payments
✓ current as of May 2026
The post-conviction defender is authorized to appoint, employ, and establish, in the numbers as the post-conviction defender determines, full-time assistant post-conviction defenders, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose.
Acts 1995, ch. 510, § 1; T.C.A. § 40-30-308.
Notes of Decisions
Cited in 12
cases, 1997–2013 · leading case: Leslie v. State, 36 S.W.3d 34 (Tenn. 2000).
Leslie v. State, 36 S.W.3d 34 (Tenn. 2000). “Tenn.Code Ann. § 40-30-207(b)(2) (1997). The State shall then file an answer responding to the allegations in the petition and asserting statutory issues such as statute of limitations, waiver, and previous determination.”
Waite v. State, 948 S.W.2d 283 (Tenn. Crim. App. 1997). “The state should file a response according to Tennessee Code Annotated § 40-30-208. While it is unlikely, under these circumstances, that the trial court can, absent further proof, “conclusively” determine the petitioner is not entitled to relief, it has that opportunity before…”
Lane v. State, 968 S.W.2d 912 (Tenn. Crim. App. 1997). “The Post-Conviction Procedures Act of 1995, specifically Tenn.Code Ann. § 40-30-208(b), does not expressly mandate that the district attorney general obtain “records or transcripts, or parts of records or transcripts that are material to the questions raised .”
State of Tennessee v. William Charles Howse (Tenn. Crim. App. 2010). “Tennessee Code Annotated section 40-30-208 provides that “[i]t is an offense to knowingly violate any provision [of the 2004 Act],” including, but not limited to, the “[f]ailure of an offender to timely register or report” and “[f]ailure to timely disclose required information…”
State of Tennessee v. John L. Goodwin, III (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 40-30-208 (b). However, the language of the statute is permissive and does not mandate action.”
State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser (Tenn. Crim. App. 2013). “Tenn. Code Ann. § 40-30-208 (f); State v.”
Jonathan Davis v. State of Tennessee (Tenn. Crim. App. 2001). “Moreover, Tenn. Code Ann. § 40-30-208 (a) (1997) specifically provides that “[f]ailure by the state to timely respond does not entitle the petitioner to relief under the Post-Conviction Procedure Act.”
Strader v. State (Tenn. Crim. App. 2010). “Section 40-30-208(a), Tenn. Code Ann., provides that "the district attorney general shall represent the state and file an answer .”
A.D. Barker v. State of Tennessee (Tenn. Crim. App. 1999). “See Tenn. Code Ann. § 40-30-208 (b). The filing of these record s is now mo re permissive in that the district attorney gene ral “may file them with the responsive pleading or within a reasona ble time therea fter.”
David Cox v. State (Tenn. Crim. App. 1999). “Section 40-30-208, Tenn. Code Ann., governs the state's duty to respond to a petition: "The district attorney general shall represent the state and file an answer or other responsive pleading within thirty (30) days, unless extended for good cause.”
James Lane v. State (Tenn. Crim. App. 2010). “§ 40-30-208 (b), does not expressly mandate that the district attorney general obtain “records or transcripts, or parts of records or transcripts that are material to the questions raised .”
John v. Woodruff (Tenn. Crim. App. 2000). “§ 40-30-208(b)(1997). However, the record before th is court do es not c ontain an y transcripts of the trial proc eedings , whethe r relating to the petitioner’s decision to forego testifying at his trial or the jury’s exposure to a reference to the petitioner’s parole status.”
— Tenn. Code Ann. § 40-30-208(a) — 1 case
Strader v. State (Tenn. Crim. App. 2010). “Section 40-30-208(a), Tenn. Code Ann., provides that "the district attorney general shall represent the state and file an answer .”
— Tenn. Code Ann. § 40-30-208(b) — 2 cases
Lane v. State, 968 S.W.2d 912 (Tenn. Crim. App. 1997). “The Post-Conviction Procedures Act of 1995, specifically Tenn.Code Ann. § 40-30-208(b), does not expressly mandate that the district attorney general obtain “records or transcripts, or parts of records or transcripts that are material to the questions raised .”
State of Tennessee v. John L. Goodwin, III (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 40-30-208 (b). However, the language of the statute is permissive and does not mandate action.”
— Tenn. Code Ann. § 40-30-208(b)(1997) — 1 case
John v. Woodruff (Tenn. Crim. App. 2000). “§ 40-30-208(b)(1997). However, the record before th is court do es not c ontain an y transcripts of the trial proc eedings , whethe r relating to the petitioner’s decision to forego testifying at his trial or the jury’s exposure to a reference to the petitioner’s parole status.”
— Tenn. Code Ann. § 40-30-208(f) — 1 case
State of Tennessee v. William Charles Howse (Tenn. Crim. App. 2010). “Tennessee Code Annotated section 40-30-208 provides that “[i]t is an offense to knowingly violate any provision [of the 2004 Act],” including, but not limited to, the “[f]ailure of an offender to timely register or report” and “[f]ailure to timely disclose required information…”
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