§ 37-1-301 Short title
§ 37-1-302 Petition for post-commitment relief
§ 37-1-303 Filing of petition – Designation of judge to hear and determine petition
§ 37-1-304 Contents of petition
§ 37-1-305 Grounds for relief
§ 37-1-306 Court action upon receipt of petition
§ 37-1-307 Petition not to be dismissed for failure to follow form – Amended petition
§ 37-1-308 Application for habeas corpus – When allowed
§ 37-1-309 Grounds for dismissal of petition – Hearing on petition – Issuance of orders or stays
§ 37-1-310 Appearance of petitioner at hearing – Transportation of petitioner
§ 37-1-311 Scope of hearing
§ 37-1-312 Grounds for relief “previously determined” or “waived” defined
§ 37-1-313 Documents and records furnished to indigent petitioner
§ 37-1-314 District attorney general to represent state – Attorney general and reporter to represent state on appeal
§ 37-1-315 Withdrawal or amendment of petition – Technical defects not grounds for dismissal without opportunity to amend
§ 37-1-316 Evidence – Oral testimony, depositions, affidavits
§ 37-1-317 Relief granted – Costs – Final order – Record of counsel’s consultations with petitioner
§ 37-1-318 Copies of final judgment
§ 37-1-319 Delayed appeal – Grounds for granting – Finality of order
§ 37-1-320 Indigency
§ 37-1-321 Finality of order – Appeal
§ 37-1-322 Promulgation of rules by supreme court – Release of petitioner on bail or temporary custody

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Terms Used In Tennessee Code > Title 37 > Chapter 1 > Part 3 - Juvenile Post-Commitment Procedures Act

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Certified trainer: means any individual certified by the commissioner as qualified to administer and certify to successful completion of the minimum training requirements prescribed by this chapter for a security guard/officer. See Tennessee Code 62-35-102
  • Church-related school: means a school as defined in §. See Tennessee Code 62-35-102
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-35-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract security company: means any person engaging in the business of providing or undertaking to provide a security guard and patrol service on a contractual basis for another person. See Tennessee Code 62-35-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Custody: means the control of actual physical care of the child and includes the right and responsibility to provide for the physical, mental, moral and emotional well-being of the child. See Tennessee Code 37-1-102
  • Department: means the department of children's services. See Tennessee Code 37-1-102
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Docket: A log containing brief entries of court proceedings.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile court: means the general sessions court in all counties of this state, except in those counties and municipalities in which special juvenile courts are provided by law, and "judge" means judge of the juvenile court. See Tennessee Code 37-1-102
  • Licensee: means any contract security company licensed in accordance with this chapter. See Tennessee Code 62-35-102
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, firm, association, company, partnership, corporation, nonprofit organization, institution or similar entity. See Tennessee Code 62-35-102
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Private school: means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. See Tennessee Code 62-35-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Proprietary security organization: means any person or department of the organization that employs a security guard/officer solely for the person in an employer/employee relationship. See Tennessee Code 62-35-102
  • Public charter school: means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with title 49, chapter 13. See Tennessee Code 62-35-102
  • Public school: means an elementary or secondary school operated by a local education agency, as defined in §. See Tennessee Code 62-35-102
  • Qualifying agent: means a principal corporate officer meeting the qualifications set forth in this chapter for operating a contract security company. See Tennessee Code 62-35-102
  • Qualifying manager: means an individual designated by a proprietary security organization to be responsible for compliance with this chapter on behalf of the organization. See Tennessee Code 62-35-102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Registrant: means an individual who holds a valid registration card. See Tennessee Code 62-35-102
  • Registration card: means a pocket card issued by the commissioner evidencing that the holder has met the qualifications required by this chapter to perform the duties of a security guard/officer in this state. See Tennessee Code 62-35-102
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Sworn peace officer: means any individual who derives plenary or special law enforcement powers, such as the power of arrest, from, and is an employee of, a federal, state, or local governmental agency or instrumentality. See Tennessee Code 62-35-102
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Undercover agent: means an individual hired by another person, through a contract security company to perform a job in or for that person, and while performing the job, to act as an undercover employee, independent contractor or operative of the person, but under the supervision of the contract security company. See Tennessee Code 62-35-102
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105