DOMINIQUE JOHNSON v. SOUTH CENTRAL CORRECTIONAL FACILITY DISCIPLINARY BOARD, ET AL. - Articles

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Posted by: Tanja Trezise on Sep 9, 2013

Court: TN Court of Appeals

Attorneys 1:

Dominique Johnson, Wartburg, Tennessee, Pro Se.

Attorneys 2:

James I. Pentecost and Brittani C. Kendrick, Jackson, Tennessee, for the appellees, Arvil Chapman and Gloria Lang.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Solicitor General; Lee Pope, Assistant Attorney General, for appellee, Tennessee Department of Correction.

Judge(s): STAFFORD

This case involves a Petition for a Writ of Certiorari filed by a pro se inmate. The Defendants/Appellees filed motions to dismiss the Petition, arguing that the Petition was untimely and that it lacked the required verification pursuant to Tennessee Code Annotated Section 27-8-104. The trial court dismissed the Petition without ruling on the inmate’s motion for an enlargement of time to respond to the motion to dismiss. The inmate appealed. On appeal, the Appellees argue that the inmate’s Notice of Appeal was untimely. We conclude that the inmate’s Notice of Appeal was timely filed. In addition, we conclude that the trial court’s failure to rule on the inmate’s pending motion was harmless, as the trial court was deprived of jurisdiction to consider the petition by the inmate’s failure to verify the truth of the petition. Affirmed and remanded.

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