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Posted by: Tanja Trezise on Sep 12, 2014

Court: TN Court of Appeals

Attorneys 1:

Corey A. Adams, Wartburg, Tennessee, Pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, Joseph Whalen, Solicitor General, Shauna Jennings, Assistant Attorney General, Nashville, Tennessee, for the appellees, Tennessee Department of Correction, Michael Allen, Dwight A. Barbee, Charles Bass and Derrick D. Schofield.

Judge(s): CLEMENT

The Disciplinary Board of the Turney Center Industrial Complex convicted Petitioner of assault based upon his involvement in a gang stabbing of another inmate, the conviction was affirmed by the Commissioner of the Department of Correction. Petitioner then filed this common law writ of certiorari with the Chancery Court of Hickman County to challenge his conviction. The trial court granted the writ and the administrative record was filed with the trial court. Thereafter, on motion of the respondents, the trial court denied relief to Petitioner on the grounds that the record demonstrated that the disciplinary board had not acted illegally, arbitrarily, or exceeded its jurisdiction, and that Petitioner’s due process rights were not violated. Finding no error, we affirmed. Petitioner then filed a Tenn. R. App. P. 11 application to the Supreme Court, which granted the application and remanded to this court with instructions to address the issue of whether the trial court “improperly dismissed the writ of certiorari without first disposing of [Petitioner’s] pretrial motions.” After requesting supplemental briefs on the issue, we have concluded that the trial court erred in dismissing the writ of certiorari without first disposing of Petitioner’s motions. We reach this decision because we are unable to conclude that the outcome of the petition could not have been affected had the trial court granted some or all of the motions. Accordingly, we reverse the judgment of the trial court and remand this matter for further proceedings.