It's Not Over Til It's Over: Best Practices in Post-Conviction Litigation.

The article focuses on best practices in post-conviction litigation under the Tennessee Post-Conviction Procedure Act, which allows defendants to challenge final criminal convictions and sentences on constitutional grounds within a one-year statute of limitations, subject to narrow exceptions. It outlines the procedural requirements for filing petitions, including pleading standards, the necessity of presenting all claims timely to avoid waiver, and the importance of a complete evidentiary record, especially in ineffective assistance of counsel (IAC) claims. The article emphasizes thorough pre-hearing preparation, proper presentation of witnesses and evidence at post-conviction hearings, and strategic considerations for appeals, including adherence to appellate rules and standards of review. It also addresses the limited scope of rehearing and discretionary review by the Tennessee Supreme Court, underscoring the critical role of well-informed counsel and litigants in ensuring constitutional claims are properly adjudicated.