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

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