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

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.