Steven Cobb v. Joseph Vinson, Chairman LCRCF Disciplinary Board - Separately Concurring ( 1998 )

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.