Tennessee § 37-1-312 Grounds for relief &quot;previously determined&quot; or &quot;waived&quot; defined

Tennessee Statutes

§ 37-1-312 — Grounds for relief "previously determined" or "waived" defined

Tennessee § 37-1-312

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This text of Tennessee § 37-1-312 (Grounds for relief "previously determined" or "waived" defined) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 37-1-312 (2026).

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.

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(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.