Bill > SB0256

This bill amends Tennessee's post-conviction relief procedures by modifying Section 40-26-105 of the state code to expand opportunities for convicted defendants to seek relief through a writ of error coram nobis (a legal mechanism to correct fundamental errors in a judgment). The bill allows both district attorneys general and convicted persons to request post-conviction relief at any time by filing a verified petition alleging actual innocence based on new evidence that was not known during the original trial. The amended law broadens the grounds for seeking such relief, permitting claims related to evidence that was not or could not have been litigated during the original trial, including for cases involving guilty pleas. Specifically, the bill enables defendants to seek relief if they can show they were without fault in failing to present certain evidence earlier and if the new evidence might have resulted in a different judgment. The bill also clarifies procedural details, such as requiring notice to the district attorney general and specifying that the court can order the production of the petitioner for a hearing. The changes aim to provide a more flexible pathway for addressing potential judicial errors or newly discovered evidence that could impact the fairness of a criminal conviction.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0256&ga=114