Tennessee Statutes

§ 40-30-122 — Interpretation

Tennessee § 40-30-122

This text of Tennessee § 40-30-122 (Interpretation) 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. § 40-30-122 (2026).

Text

For purposes of this part, a new rule of constitutional criminal law is announced if the result is not dictated by precedent existing at the time the petitioner's conviction became final and application of the rule was susceptible to debate among reasonable minds. A new rule of constitutional criminal law shall not be applied retroactively in a post-conviction proceeding unless the new rule places primary, private individual conduct beyond the power of the criminal law-making authority to proscribe or requires the observance of fairness safeguards that are implicit in the concept of ordered liberty.

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Related

Davidson v. Nelsen (DPLC1)
(E.D. Tennessee, 2025)
Rolly William Whitford v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2014)
Derrick Brandon Bush v. State of Tennessee
(Tennessee Supreme Court, 2014)
CHARLES DAMIEN DARDEN v. STATE OF TENNESSEE
(Court of Criminal Appeals of Tennessee, 2014)
Ronnie Lamont Harshaw v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2017)
Harold Wayne Nichols v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2019)
Charles D. Sprunger v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2017)
Jayson Bryant Collier v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2022)
Derrick Brandon Bush v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2012)
Dane Sayles, Alias Bradley Harper v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2019)
Dennis Evans v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2018)
Slater v. State
(Court of Criminal Appeals of Tennessee, 1997)
State v. Michael Boyd
(Court of Criminal Appeals of Tennessee, 1999)
Nikolaus L. Johnson v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2025)
Gary Sutton v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2025)

Legislative History

Acts 1995, ch. 207, § 1; T.C.A. § 40-30-222.

Nearby Sections

15
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Bluebook (online)
Tennessee § 40-30-122, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-30-122.