BRANDON SCHKLAR v. STATE OF TENNESSEE - Articles

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Posted by: Azya Thornton on Feb 19, 2026

Court: TN Court of Criminal Appeals

Attorneys 1: Robert Yager, Nashville, Tennessee, for the appellant, Brandon Michael Schklar.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Elizabeth Evan, Assistant Attorney General; Robert J. Carter, District Attorney General; and William Bottoms, Assistant District Attorney General, for the appellee, State of Tennessee.

Attorneys 3: Daniel A. Horwitz, Sarah L. Martin, and Lindsay Smith, Nashville, Tennessee for the amici curiae, attorneys from the firm of Horwitz Law, PLLC.

Judge(s): AYERS

Petitioner, Brandon Michael Schklar, appeals the Marshall County Circuit Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition because (1) his petition was timely filed and stated a colorable claim; (2) Tennessee case law allows for exceptions to the statutory post- conviction verification requirement; and therefore, (3) he should have been offered an opportunity to verify his petition under oath in an evidentiary hearing. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

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