TCA 37-1-312
Grounds for relief “previously determined” or “waived” defined
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What does this charge mean?
This statute defines what "previously determined" and "waived" mean. A claim is "previously determined" if another court has already ruled on it after a full hearing. A claim is "waived" if the petitioner knew about it but failed to raise it in an earlier court proceeding where it could have been raised; there is a legal presumption (assumption) that a claim not raised in an earlier proceeding was waived unless the petitioner can prove otherwise.
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(a) A ground for relief is “previously determined” if a court of competent jurisdiction has ruled on the merits after a full hearing. (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.(b) A ground for relief is “waived” if the petitioner knowingly and understandingly fails to present it for determination in any proceeding before a court of competent jurisdiction in which the ground could have been presented. There is a rebuttable presumption that a ground for relief not raised in any such proceeding that was held was waived.
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TCA Section37-1-312