Narrative Opinion Summary
Robert L. Lamar, an inmate at the Northwest Correctional Complex in Tennessee, sought judicial review of the Tennessee Board of Probation and Parole's denial of his custodial parole request made on June 6, 2002. He filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County on January 27, 2004, which was dismissed by the trial court on March 12, 2004, for being untimely under Tenn. Code Ann. § 27-9-102, which mandates a sixty-day filing period. The court emphasized that this time limit is both mandatory and jurisdictional. Since Lamar's petition was filed over a year after the Board's decision, the dismissal was upheld on appeal. The appellate court also deemed Lamar's petition and subsequent appeal as frivolous, imposing the costs of the appeal on him. The judgment of the trial court was affirmed.
Legal Issues Addressed
Frivolous Appeals and Cost Impositionsubscribe to see similar legal issues
Application: The appellate court found the appeal to be frivolous and imposed the costs of the appeal on the petitioner.
Reasoning: The appellate court also deemed Lamar's petition and subsequent appeal as frivolous, imposing the costs of the appeal on him.
Jurisdictional Nature of Statutory Time Limitssubscribe to see similar legal issues
Application: The court emphasized that the sixty-day filing period is not only mandatory but also jurisdictional, reinforcing the necessity of compliance for jurisdiction to be established.
Reasoning: The court emphasized that this time limit is both mandatory and jurisdictional.
Timeliness of Filing Under Tenn. Code Ann. § 27-9-102subscribe to see similar legal issues
Application: The court dismissed the petition for being filed beyond the sixty-day mandatory and jurisdictional period required by Tenn. Code Ann. § 27-9-102.
Reasoning: He filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County on January 27, 2004, which was dismissed by the trial court on March 12, 2004, for being untimely under Tenn. Code Ann. § 27-9-102, which mandates a sixty-day filing period.