Tennessee Petition for Post-conviction Relief
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FAQ
Typically, post-conviction relief refers to the process of filing petitions for ?habeas corpus? either in state court or in federal court. This process is generally after the trial and sentence are finalized, and after any direct appeals have been decided (including any rulings by the U.S. Supreme Court).
Post-Conviction Relief. Process. A defendant who requests post-conviction relief asks the court to vacate or modify a judgment of conviction, or to reduce or modify a sentence.
While exoneration is the most common positive outcome of post-conviction relief, it is not the only possible outcome. In some cases, the courts may also order a re-sentencing hearing, a new appeal, or a new trial.
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
Habeas corpus relief is available in Tennessee only when ?it appears upon the face of the judgment or the record of the proceedings upon which the judgment is rendered? that a convicting court was without jurisdiction or authority to sentence a defendant, or that a defendant's sentence of imprisonment or other
conviction petition is a request to overturn a conviction or sentence based on constitutional violations. The local district attorney general handles postconviction petitions in the trial courts. If postconviction relief is denied, a defendant may appeal to the Court of Criminal Appeals.
A court hearing a Writ of Habeas Corpus has the authority to schedule a new trial, modify the sentence given by the prior court, and even order the immediate release of a prisoner who is wrongfully confined.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request.
