Post-conviction Relief in Tennessee - Fourteen Years of Judicial Administration Under the Post-conviction Procedure Act

• NCJ Number: 79319
• Journal: Tennessee Law Review Volume: 48 Issue: 3 Dated: (Spring 1981) Pages: 605-662
• Author(s): G L Anderson
• Date Published: 1981
• Length: 58 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This article describes the history and applications of Tennessee's Post-Conviction Procedure Act, summarizes Federal habeas corpus cases brought by Tennessee prisoners over the past 10 years, and evaluates the law's progress in achieving its original objectives.

Abstract

Faced with expansion of Federal habeas corpus jurisdiction in the 1960's and the relatively narrow scope of Tennessee's habeas corpus law, the Tennessee State Legislature adopted the Post-Conviction Procedure Act in 1967 to eliminate unnecessary friction between State and Federal courts. The reform movement that led to the act and to substantial amendments passed in 1971 is summarized, as are the ways that Tennessee courts chose to construe and apply the act. Very little postconviction relief has in fact been granted to Tennessee prisoners by the State appellate courts during the years following the act, largely because certain provisions have been interpreted in a manner that severely restricts the availability of collateral attack on convictions. This trend is illustrated by a discussion of four basic postconviction situations: petitioner appealed the conviction on a constitutional issue and lost, petitioner failed to raise the issue in the sentencing court, petitioner raised the issue in the sentencing court but did not raise the issue on appeal, and petitioner raised the issue in the sentencing court but did not appeal. Other restrictions also block access to postconviction relief in Tennessee, such as denial of counsel to petitioners, the absolute verity of Tennessee court records, and the requirement that a petitioner corroborate his testimony. An examination of Tennessee Federal habeas corpus decisions between 1967 and 1977 reveals that Federal relief was granted in about 25 percent of all cases brought by Tennessee prisoners, but most were decided on direct appeal from convictions. Thus, the act has not minimized the necessity for State prisoners to resort to Federal habeas corpus review. Recent decisions of the U.S. Supreme Court which have restricted the availability of Federal habeas corpus review and their impact on the Tennessee courts are discussed. Finally, further reform is suggested, including the elimination of all restrictions on postconviction relief, formulation of rules for postconviction proceedings, and an improved petition form for pro se petitioners. Approximately 260 footnotes are provided.