Assigned on Briefs January 4, 2017
from the Chancery Court for Bledsoe County No. 3267 Jeffrey
F. Stewart, Chancellor
appeal arises from a prisoner's disciplinary hearing.
Keith Lamont Farmer ("Farmer"), an inmate in the
custody of the Tennessee Department of Correction
("TDOC"), was convicted of a disciplinary offense.
Farmer filed a petition for common law writ of certiorari
seeking judicial review of the decision to discipline him.
The Chancery Court for Bledsoe County ("the Trial
Court") dismissed Farmer's petition on the grounds
that it did not state that it was the first application for
the writ, and, that it neither was sworn to nor verified.
Farmer appeals to this Court. We affirm the Trial Court.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed; Case Remanded
Lamont Farmer, pro se appellant.
Herbert H. Slatery, III, Attorney General and Reporter,
Andrée S. Blumstein, Solicitor General, and, Charlotte
Davis, Assistant Attorney General, for the appellees, the
Tennessee Department of Correction and the Bledsoe County
Michael Swiney, C.J., delivered the opinion of the court, in
which Andy D. Bennett and Kenny W. Armstrong, JJ., joined.
MICHAEL SWINEY, CHIEF JUDGE.
February 2015, Farmer, a prisoner in the custody of TDOC,
filed a petition for common law writ of certiorari in the
Trial Court seeking judicial review of his conviction for a
disciplinary offense, the details of which are not necessary
to delve into for purposes of the issue raised on appeal.
Farmer was convicted of the offense in November 2014, and,
before filing his petition for writ of certiorari in the
Trial Court, had lost on appeal at the agency level. Farmer
originally filed his petition in the Davidson County Chancery
Court but it later was transferred to the Trial Court. In
February 2016, TDOC filed a motion to dismiss. In May 2016,
the Trial Court entered an order granting TDOC's motion
to dismiss. In its Order of Dismissal, the Trial Court stated
This case came before the Court for review upon the
Respondents' motion to dismiss, after which the Court is
of the opinion that the Respondents' motion is well-taken
and should be granted. The petition for writ of certiorari
filed in this cause is dismissed pursuant to Tenn. R. Civ. P.
12.02 because: (1) Petitioner did not certify that his
petition was his first application for the writ; (2)
Petitioner submitted falsities in his affidavit of indigency,
and; (3) the contents of the petition are not verified or
sworn to. Therefore, the motion to dismiss with prejudice is
GRANTED and the case is DISMISSED. Costs of this action are
taxed to the Plaintiff.
timely appealed to this Court.
restate and consolidate the issues Farmer raises on appeal as
the following dispositive issue: whether the Trial Court
erred in dismissing ...