TCA § 37-1-302 — Petition for post-commitment relief

A juvenile in the custody of the department of children's services pursuant to a commitment by a juvenile court of this state may petition for post-commitment relief under this part at any time after the juvenile has exhausted the juvenile's appellate remedies or time for an appeal to the circuit court pursuant to § 37-1-159 , or the juvenile's appeal in the nature of a writ of error from the judgment of the circuit court has passed and before the juvenile has been discharged from the custody of the department. Acts 1978, ch. 750, § 2; T.C.A., § 37-1702; Acts 1989, ch. 278, § 34; 1996, ch. 1079, § 73. NOTES TO DECISIONS 1. Right to Counsel. 2. Time for Appeal. 1. Right to Counsel. There is no right of access on petitions for post-commitment relief that arise purely under this section and T.C.A. §§ 37-1-303 — 37-1-322 , but incarcerated juveniles do have a right of access to counsel for an appeal of their adjudication of delinquency, because T.C.A. § 37-1-159 provides for an appeal as of right from an adjudication of delinquency. John L. v. Adams, 969 F.2d 228, 1992 U.S. App. LEXIS 16208 (6th Cir. Tenn. 1992), rehearing denied, — F.2d —, 1992 U.S. App. LEXIS 23378 (6th Cir. Sept. 22, 1992). 2. Time for Appeal. Court of appeals improperly blamed juvenile defendant for delays in his case because defendant was able to seek post-commitment relief after the time for filing an appeal was expired; the record showed that a notice of appeal was filed more than one year before defendant's 19th birthday, his appellate brief was served within five months of the notice, the state filed several requests for extensions before filing its briefs, oral argument was postponed for more than two months, and the opinion of the court of appeals was released only 14 days after defendant had reached the age of 19. State v. Rodgers, 235 S.W.3d 92, 2007 Tenn. LEXIS 744 (Tenn. Aug. 17, 2007).