TCA 37-1-308
Application for habeas corpus – When allowed
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What does this charge mean?
This statute says that if a petitioner has not first tried requesting relief through the procedures in this law, they cannot use habeas corpus (a legal tool to challenge unlawful imprisonment) unless they can show that using these procedures would not work or would be inadequate.
Penalty Details
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Penalty SummaryClassification not specified
An application for a writ of habeas corpus on behalf of a petitioner entitled to apply pursuant to this part shall not be entertained if it appears that the applicant has failed to apply for relief pursuant to this part with the chancery or circuit court in the county of commitment, unless the petitioner establishes that an application under this part would be inadequate or ineffective.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section37-1-308