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.
Structure 2021 Tennessee Code
Chapter 30 - Post-Conviction Procedure
§ 40-30-103. Grounds for Relief
§ 40-30-112. Notice of Final Judgments by Clerk of Court
§ 40-30-115. Determination of Indigency — Appointment of Counsel and Court Reporters
§ 40-30-116. Appeal After Final Judgment
§ 40-30-118. Promulgation of Rules
§ 40-30-119. Bail During New Trial or Delayed Appeal — Exception