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Tenn. Code Ann. § 37-1-312

Grounds for relief “previously determined” or “waived” defined

Acts 1978, ch. 750, § 12; T.C.A., § 37-1712.

(1) A ground for relief is “previously determined” if a court of competent jurisdiction has ruled on the merits after a full hearing.

(2) 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.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.