Certiorari, Common Law Writ of

Unless otherwise indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court 

Decisions of the Tennessee Court of Criminal Appeals


Southaphanh v. Tennessee Department of Correction, No. M2021-00234-COA-R3-CV Tenn. Ct. Crim. App. Jan. 14, 2022)

A common law writ of certiorari is the “procedural vehicle through which prisoners may seek review of decisions by prison disciplinary boards, parole eligibility review boards, and other similar administrative tribunals.” Settle v. Tenn. Dep’t of Corr., 276 S.W.3d 420, 425 (Tenn. Ct. App. 2008). Review is limited to a narrow examination of “whether the Board exceeded its jurisdiction, or acted illegally, fraudulently, or arbitrarily.” Arnold v. Tenn. Bd. of Paroles, 956 S.W.2d 478, 480 (Tenn. 1997); Powell v. Parole Eligibility Rev. Bd., 879 S.W.2d 871, 873 (Tenn. Ct. App. 1994). “The intrinsic correctness of the Board’s decision is not reviewable.” Stewart v. Schofield, 368 S.W.3d 457, 465 (Tenn. 2012). “The action of the board in releasing prisoners shall be deemed a judicial function and shall not be reviewable if done according to law.” Tenn. Code Ann. § 40-28- 115(c).




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