Mitchell v. State

A post-conviction suit instituted to assail the constitutional validity of the petitioner’s conviction is a collateral attack on the prior judgment. State ex rel. Ingram v. Henderson, 220 Tenn. 676, 423 S.W.2d 479; Bomar v. State ex rel. Stewart, 201 Tenn. 480, 300 S.W.2d 885.

In this State such a suit is a civil action. State ex rel. Austin v. Johnson, 218 Tenn. 433, 404 S.W.2d 244. Such is the law generally. Citing decisions by the United States Supreme Court, Federal Circuit Courts of Appeal and state courts of last resort, the rule is summarized as follows in 39 Am.Jur.2d, Habeas Corpus §…