37-1-309 - Grounds for dismissal of petition Hearing on petition Issuance of orders or stays.
37-1-309. Grounds for dismissal of petition Hearing on petition Issuance of orders or stays.
(a) When the petition has been competently drafted, and all pleadings, files and records of the case that are before the court conclusively show that the petitioner is entitled to no relief, the court may order the petition dismissed.
(b) In all other cases, the court shall grant a hearing as soon as practicable.
(c) The court shall issue such interlocutory order, including a stay of execution, as may be required.
[Acts 1978, ch. 750, § 9; T.C.A., § 37-1709.]