Tennessee Code Annotated

Tenn. Code Ann. § 40-30-403 (2026)

Petition requesting analysis

✓ current as of May 2026

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(a) Notwithstanding part 1 of this chapter, or any other law governing post-conviction relief to the contrary, any appropriate party may, at any time, file a petition requesting the performance of fingerprint analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in a judgment of conviction and that may contain fingerprint evidence.

(b) As used in this section, "any appropriate party" means:
- (1) A court on its own motion;
- (2) A district attorney general; or
- (3) A person convicted of and sentenced for the commission or attempted commission of:
  - (A) First degree murder;
  - (B) A Class A felony;
  - (C) A Class B felony;
  - (D) Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or
  - (E) Any other offense, at the direction of the court.

Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.

Notes of Decisions

Cited in 21 cases (7 in the last 5 years), 2002–2026 · leading case: Crawford v. State, 151 S.W.3d 179 (Tenn. Crim. App. 2004).

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Crawford v. State, 151 S.W.3d 179 (Tenn. Crim. App. 2004). · cites it 6× “He based his petition on two grounds of relief, attorney misrepresentation and DNA analysis under Tennessee Code Annotated section 40-30-403. The trial court dismissed the petition as time-barred on the attorney misrepresentation issue and as not meeting the statutory…”

Oscar Smith v. State of Tennessee (Tenn. Crim. App. 2022). · cites it 4× “” T.C.A. § 40-30-403. Depending on the situation, and after notice to the prosecution and an opportunity to respond, the trial court shall or may order the requested fingerprint analysis.”

Willie Tom Ensley v. State of Tennessee (Tenn. Crim. App. 2003). · cites it 6× “, at the discretion of the trial judge, any other offense, may at any time file a petition requesting the forensic DNA analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court and that is related to the investigation…”

Mark A. Mitchell v. State of Tennessee (Tenn. Crim. App. 2003). · cites it 6× “Tenn. Code Ann. § 40-30-403 . There is no statute of limitation.”

Regionol L. Waters v. State of Tennessee (Tenn. Crim. App. 2003). · cites it 6× “Tenn. Code Ann. § 40-30-403 (Supp. 2001).”

Rhynuia L. Barnes v. State of Tennessee (Tenn. Crim. App. 2022). · cites it 2× “” Tenn. Code Ann. § 40-30-403 . Tennessee Code Annotated section 40-30-404 requires that once the State has been provided notice and an opportunity to respond, the court shall order fingerprint analysis if it finds that: (1) A reasonable probability exists that the petitioner…”

State of Tennessee v. Nakomis Jones (Tenn. Crim. App. 2024). · cites it 2× “T.C.A. § 40-30-403 (2019). Depending on the situation, and after notice to the prosecution and an opportunity to respond, the trial court shall or may order the requested fingerprint analysis.”

Rhynuia L. Barnes v. State of Tennessee (Tenn. Crim. App. 2024). · cites it 2× “T.C.A. § 40-30-403 (2021). Depending on the situation, and after notice to the prosecution and an opportunity to respond, the trial court shall or may order the requested fingerprint analysis.”

Kenneth Brown v. State of Tennessee (Tenn. Crim. App. 2025). · cites it 2× “Tenn. Code Ann. § 40-30-403 (a), (b)(3)(A).”

Tony Von Carruthers v. State of Tennessee (Tenn. Crim. App. 2026). · cites it 2× “T.C.A. § 40-30-403 (2021). Depending on the situation, and after notice to the prosecution and an opportunity to respond, the trial court shall or may order the requested fingerprint analysis.”

Danny R. King v. State of Tennessee (Tenn. Crim. App. 2003). · cites it 3× “Tenn. Code Ann. § 40-30-403 . “After notice to the prosecution and an opportunity to respond,” id.”

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