2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 30 - Post-Conviction Procedure
Part 1 - General Provisions
40-30-122 - Interpretation.
40-30-122. Interpretation.
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.
[Acts 1995, ch. 207, § 1; T.C.A. § 40-30-222.]
Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
