Grounds for Writ

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Habeas Corpus
  5. Grounds for Writ

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  1. Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint.
  2. Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of this writ on any claim that:
    1. The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing;
    2. The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or
    3. The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements.

Code 1858, § 3720; Shan., § 5500; Code 1932, § 9671; T.C.A. (orig. ed.), § 23-1801; Acts 2009, ch. 420, §§ 1, 2.

Compiler's Notes. This chapter may be superseded as to post-conviction proceedings by title 40, ch. 30. See Rutter v. Wright, 439 F.2d 1002 (6th Cir. 1971), annotated below.


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