Opinion

Steven Cobb v. Joseph Vinson, Chairman LCRCF Disciplinary Board - Separately Concurring

Court
Court of Appeals of Tennessee
Filed
Apr 1, 1998
Status
Published
On the bench
Judge Holly Kirby Lillard
Cited by
0 cases

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

WESTERN SECTION AT JACKSON

STEVEN COBB,

Petitioner\Appellant, FILED

vs. Lake Circuit No. 96-7590 April 1, 1998

Appeal No. 02A01-9707-CV-00144

JOSEPH VINSON, Chairman Cecil Crowson, Jr.

LCRCF Disciplinary Board, et al, Appellate C ourt Clerk

Respondents\Appellees.

SEPARATE CONCURRENCE

HOLLY KIRBY LILLARD, J.

I agree with the majority’s analysis in this case. However, I concur separately to emphasize

that our review, under either the common law writ of certiorari or the statutory writ, should be

limited to hearing the petitioner’s claims regarding “the illegality of acts taken by the disciplinary

board.” Williams v. Tennessee Dept. of Correction, No. 02A01-9503-CV-00046 1995 WL 575142

(Tenn. App. Oct. 2 1995). Even if the requirements of a statutory writ of certiorari are met, our

review should not include the substance of the disciplinary proceeding, i.e. whether the petitioner

actually committed the acts with which he was charged.

HOLLY KIRBY LILLARD, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.