40-30-105 - Processing of petitions Designation of judge. - Tennessee Statutes

40-30-105. Processing of petitions Designation of judge.

(a)  When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith:

     (1)  Make three (3) copies of the petition;

     (2)  Docket and file the original petition and its attachments;

     (3)  Mail one (1) copy of the petition to the attorney general and reporter in Nashville;

     (4)  Mail or forward one (1) copy of the petition to the district attorney general;

     (5)  Mail or forward one (1) copy to petitioner's original attorney;

     (6)  Advise the presiding judge that the petition has been filed; and

     (7)  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.

(b)  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.

(c)  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.

[Acts 1995, ch. 207, § 1; 1996, ch. 995, § 4; T.C.A. § 40-30-205.]