(a) When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith:

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Terms Used In Tennessee Code 40-30-105

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Docket: A log containing brief entries of court proceedings.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Make three (3) copies of the petition;
(2) Docket and file the original petition and its attachments;
(3) Mail one (1) copy of the petition to the attorney general and reporter in Nashville;
(4) Mail or forward one (1) copy of the petition to the district attorney general;
(5) Mail or forward one (1) copy to petitioner’s original attorney;
(6) Advise the presiding judge that the petition has been filed; and
(7) Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration.
(b) At either the trial proceeding or an appellate proceeding reviewing the proceeding, the presiding judge of the appropriate court shall assign a judge to hear the petition. The issue of competency of counsel may be heard by a judge other than the original hearing judge. If a presiding judge is unable to assign a judge, the chief justice of the supreme court shall designate an appropriate judge to hear the matter.
(c) A petition for habeas corpus may be treated as a petition under this part when the relief and procedure authorized by this part appear adequate and appropriate, notwithstanding anything to the contrary in title 29, chapter 21, or any other statute.
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