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2020 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 21 - Habeas Corpus
§ 29-21-108. Duty of Court — Wrongful Failure to Grant Writ
Universal Citation: TN Code § 29-21-108 (2020)
- It is the duty of the court or judge to act upon such applications instanter.
- A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.
Compiler's Notes. The misdemeanor provisions in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§39-11-114,40-35-110,40-35-111.
Cited: Horne v. Wilson, 316 F. Supp. 247, 1970 U.S. Dist. LEXIS 10513 (E.D. Tenn. 1970); Flinn v. Blackwood, — S.W.3d —, 2011 Tenn. App. LEXIS 181 (Tenn. Ct. App. Apr. 13, 2011); Thurmond v. Sexton, — S.W.3d —, 2011 Tenn. Crim. App. LEXIS 892 (Tenn. Crim. App. Dec. 5, 2011).
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