What is a petition for discretionary review?
A petition for discretionary review is an appeal of a criminal conviction in Tennessee. It is normally the last chance for the defendant to challenge their conviction and can only be completed with the approval of the court. The process begins by filing the petition in the court of appeals with the local clerk’s office. The petition must contain specific information and be filed within 30 days of the date of the judgment and/or sentence. In addition to the petition, a filing fee of $150 must be paid. The petition for discretionary review requests the court to review the circumstances of the conviction to determine whether the defendant was unjustly convicted. The court will consider the facts of the case, arguments from both sides, and any other relevant legal issues when making a decision. The court is not obligated to grant a petition for discretionary review, but if accepted, it can be a powerful tool for overturning a criminal conviction. If the court denies the petition, the defendant has exhausted all options and the conviction cannot be challenged again. In summary, a petition for discretionary review is a legal appeal a defendant can file to challenge a criminal conviction in Tennessee. The petition must be filed within 30 days of the judgment and/or sentence and a fee of $150 must be paid to the court. If accepted, the court will thoroughly review the case to determine if the defendant was unjustly convicted.
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