Tenn. Code Ann. § 37-1-312
This is the official text of Tenn. Code Ann. § 37-1-312, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Grounds for relief "previously determined" or "waived" defined
Official statutory text
(a) A ground for relief is "previously determined" if a court of competent jurisdiction has ruled on the merits after a full hearing. (b) A ground for relief is "waived" if the petitioner knowingly and understandingly fails to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented. There is a rebuttable presumption that a ground for relief not raised in any such proceeding that was held was waived. Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.
(a) A ground for relief is "previously determined" if a court of competent jurisdiction has ruled on the merits after a full hearing.
(b) A ground for relief is "waived" if the petitioner knowingly and understandingly fails to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented. There is a rebuttable presumption that a ground for relief not raised in any such proceeding that was held was waived.
Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.
(a) A ground for relief is "previously determined" if a court of competent jurisdiction has ruled on the merits after a full hearing.
(b) A ground for relief is "waived" if the petitioner knowingly and understandingly fails to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented. There is a rebuttable presumption that a ground for relief not raised in any such proceeding that was held was waived.
Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.
Status: in_force
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