(a) There is created the office of the post-conviction defender.
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Terms Used In Tennessee Code 40-30-205

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oversight: Committee review of the activities of a Federal agency or program.
(b) The post-conviction defender shall be appointed by the post-conviction defender oversight commission, as provided for in § 40-30-204.
(c) The post-conviction defender shall be an attorney in good standing with the Tennessee supreme court and shall possess a demonstrated experience in the litigation of capital crimes.
(d) The post-conviction defender shall serve a term of four (4) years.
(e) Vacancies in the office of post-conviction defender shall be filled in the same manner as appointment.
(f) The principal office of the post-conviction defender shall be located in Nashville. The post-conviction defender may establish branch offices as may, in the discretion of the post-conviction defender, be warranted to fulfill statutory duties as provided in this part.
(g) The exclusive function of the post-conviction defender’s office shall be to provide legal representation to persons convicted of capital offenses. The post-conviction defender’s office including the members of the post-conviction defender’s oversight commission shall not lobby any entity, organization, or legislative body to urge either the abolition or retention of the death penalty. However, the office may respond to inquiries of the general assembly, the judiciary and the executive branch.
(h) In the event the post-conviction defender provides direct representation to persons on direct appeal of a conviction, the post-conviction defender’s office shall be prohibited from providing representation to those persons in any collateral proceeding.
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