reglab/housing_qa huggingface dataset:
TN Code § 40-29-205 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 29 - Restoration of Citizenship|Part 2 - Voting Rights|§ 40-29-205. Certificate of Voting Rights Restoration Form

 The coordinator of elections shall prepare a certificate of voting rights restoration form and the written statement explaining the form and the procedure by which a person can apply for a voter registration card and become eligible to vote as required by this part. The coordinator shall be responsible for printing and distributing a sufficient number of the forms to the department of correction, the board of parole and any other authority that may discharge a person to whom this part applies.
TN Code § 40-30-101 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-101. Short Title

 This part shall be known and may be referred to as the “Post-Conviction Procedure Act.”
TN Code § 40-30-102 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-102. When Prisoners May Petition for Post-Conviction Relief

  Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Except as specifically provided in subsections (b) and (c), the right to file a petition for post-conviction relief or a motion to reopen under this chapter shall be extinguished upon the expiration of the limitations period.   No court shall have jurisdiction to consider a petition filed after the expiration of the limitations period unless:  The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial;   The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or   The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid.     This part contemplates the filing of only one (1) petition for post-conviction relief. In no event may more than one (1) petition for post-conviction relief be filed attacking a single judgment. If a prior petition has been filed which was resolved on the merits by a court of competent jurisdiction, any second or subsequent petition shall be summarily dismissed. A petitioner may move to reopen a post-conviction proceeding that has been concluded, under the limited circumstances set out in § 40-30-117.
TN Code § 40-30-103 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-103. Grounds for Relief

 Relief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.
TN Code § 40-30-104 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-104. Petition

  A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in § 40-30-105(b).   The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with § 40-30-106(d).   The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions.   The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included.   The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it.   The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief.   Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated.
TN Code § 40-30-105 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-105. Processing of Petitions — Designation of Judge

  When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith:  Make three (3) copies of the petition;   Docket and file the original petition and its attachments;   Mail one (1) copy of the petition to the attorney general and reporter in Nashville;   Mail or forward one (1) copy of the petition to the district attorney general;   Mail or forward one (1) copy to petitioner's original attorney;   Advise the presiding judge that the petition has been filed; and   Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration.     At either the trial proceeding or an appellate proceeding reviewing the proceeding, the presiding judge of the appropriate court shall assign a judge to hear the petition. The issue of competency of counsel may be heard by a judge other than the original hearing judge. If a presiding judge is unable to assign a judge, the chief justice of the supreme court shall designate an appropriate judge to hear the matter.   A petition for habeas corpus may be treated as a petition under this part when the relief and procedure authorized by this part appear adequate and appropriate, notwithstanding anything to the contrary in title 29, chapter 21, or any other statute.
TN Code § 40-30-107 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-107. Preliminary Order

  If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.   In all cases, the preliminary order shall direct the following:  If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201, the court shall appoint counsel to represent the petitioner.   If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
TN Code § 40-30-108 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-108. Answer or Response

  The district attorney general shall represent the state and file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under the Post-Conviction Procedure Act.   If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter.   The district attorney general has the option to assert by motion to dismiss that:  The petition is barred by the statute of limitations;   The petition was not filed in the court of conviction;   The petition asserts a claim for relief from judgments entered in separate trials or proceedings;   A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts;   The facts alleged fail to show that the petitioner is entitled to relief; or   The facts alleged fail to establish that the claims for relief have not been waived or previously determined.     The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate.
TN Code § 40-30-109 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-109. Prehearing Procedure

  The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days.   Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure.   The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in § 40-30-102.
TN Code § 40-30-110 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-110. Hearing

  The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall permit the state adequate time to file any affidavits or depositions in response the state may wish.    If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge.   The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.     Proof upon the petitioner's claim or claims for relief shall be limited to evidence of the allegations of fact in the petition.   All evidentiary hearings shall be recorded.   The Tennessee Rules of Evidence shall apply except as otherwise required in this part.   The petitioner shall have the burden of proving the allegations of fact by clear and convincing evidence. There is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived.
TN Code § 40-30-112 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-112. Notice of Final Judgments by Clerk of Court

 The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner and the attorney general and reporter at Nashville.
TN Code § 40-30-113 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-113. Petitioner Unconstitutionally Denied Appeal — Procedure

  When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a review, the judge can:  If a transcript was filed, grant a delayed appeal;   If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or   If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure.     An order granting proceedings for a delayed appeal shall be deemed the final judgment for purposes of review. If either party does appeal, the time limits provided in this section shall be computed from the date the clerk of the trial court receives the order of the appellate court determining the appeal.   The judge of the court which sentenced a prisoner who has sought and obtained relief from that sentence by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
TN Code § 40-30-114 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-114. Reimbursement of Expenses of District Attorney General — Duty of Attorney General and Reporter

  The district attorney general shall be reimbursed for any expenses, including travel, incurred in connection with the preparation and trial of any proceeding under this part. This expense shall be paid by the state and shall not be included in the expense allowance now received by the various district attorneys general.    It is the duty and function of the attorney general and reporter, and the attorney general and reporter's staff, to lend whatever assistance may be necessary to the district attorney general in the trial and disposition of the cases.   In the event an appeal is taken or a delayed appeal in the nature of a writ of error is granted, the attorney general and reporter, and the attorney general and reporter's staff, shall represent the state and prepare and file all necessary briefs in the same manner as now performed in connection with criminal appeals.
TN Code § 40-30-115 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-115. Determination of Indigency — Appointment of Counsel and Court Reporters

 Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title.
TN Code § 40-30-116 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-116. Appeal After Final Judgment

 The order granting or denying relief under this part shall be deemed a final judgment, and an appeal may be taken to the court of criminal appeals in the manner prescribed by the Tennessee Rules of Appellate Procedure. In capital cases, the appellate court in which the case is pending shall render a decision within nine (9) months of the date of oral argument in the case, if oral argument is conducted. If no oral argument occurs, the court shall render an opinion within nine (9) months after submission of the case to the court for decision. The appellate court shall have thirty (30) days in which to dispose of any petition to rehear which may be filed. If an appellate court finds that it is unable to comply with the deadlines, it shall enter an order setting out the circumstances which render an extension beyond these time limits a necessity. Copies of all the orders shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance of the appellate courts with the time limits established in this section.
TN Code § 40-30-117 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-117. Motions to Reopen

  A petitioner may file a motion in the trial court to reopen the first post-conviction petition only if the following applies:  The claim in the motion is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The motion must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial; or   The claim in the motion is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or   The claim asserted in the motion seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the motion must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid; and   It appears that the facts underlying the claim, if true, would establish by clear and convincing evidence that the petitioner is entitled to have the conviction set aside or the sentence reduced.     The motion must set out the factual basis underlying its claims and must be supported by affidavit. The factual information set out in the affidavit shall be limited to information which, if offered at an evidentiary hearing, would be admissible through the testimony of the affiant under the rules of evidence. The motion shall be denied unless the factual allegations, if true, meet the requirements of subsection (a). If the court grants the motion, the procedure, relief and appellate provisions of this part shall apply.   If the motion is denied, the petitioner shall have thirty (30) days to file an application in the court of criminal appeals seeking permission to appeal. The application shall be accompanied by copies of all the documents filed by both parties in the trial court and the order denying the motion. The state shall have thirty (30) days to respond. The court of criminal appeals shall not grant the application unless it appears that the trial court abused its discretion in denying the motion. If it determines that the trial court did so abuse its discretion, the court of criminal appeals shall remand the matter to the trial court for further proceedings.
TN Code § 40-30-118 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-118. Promulgation of Rules

 The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error, and may make petition forms available for use by petitioners. The supreme court shall develop a form which shall be available without cost to a prisoner in the prison and other places of detention, and shall also be available without cost to any potential petitioner in the office of the clerk of any court of record having criminal jurisdiction.
TN Code § 40-30-119 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-119. Bail During New Trial or Delayed Appeal — Exception

 When a new trial or delayed appeal is granted, release on bail shall be determined by the trial judge as provided by law pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
TN Code § 40-30-121 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-121. Priority

 Post-conviction cases where the petitioner is under the death sentence shall be given priority over all other matters in docketing by the courts having trial and appellate jurisdiction of the cases.
TN Code § 40-30-122 (2021)
2021 Tennessee Code|Title 40 - Criminal Procedure|Chapter 30 - Post-Conviction Procedure|Part 1 - General Provisions|§ 40-30-122. Interpretation

 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.