Tennessee Statutes
§ 37-1-312 — Grounds for relief "previously determined" or "waived" defined
Tennessee·Title 37
(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.
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Tennessee § 37-1-312 (Grounds for relief "previously determined" or "waived" defined) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.
Nearby Sections
15
§ 37-1-102
Chapter and part definitions§ 37-1-103
Exclusive original jurisdiction§ 37-1-104
Concurrent jurisdiction§ 37-1-105
Probation officers§ 37-1-106
Youth services officer§ 37-1-107
Magistrates§ 37-1-108
Commencement of proceedings§ 37-1-111
Venue§ 37-1-113
Taking into custody - Grounds