Assigned on Briefs Date: July 3, 2017
from the Chancery Court for Bledsoe County No. 3284 Jeffrey
F. Stewart, Chancellor
inmate in the custody of the Tennessee Department of
Correction filed a petition for writ of certiorari
challenging the revocation of his parole. Because the inmate
failed to file his petition within the sixty-day period
required by statute, the chancery court lacked jurisdiction.
We, therefore, affirm the chancery court's judgment
dismissing the case.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Terrell Johnson, Pikeville, Tennessee, Pro Se.
Herbert H. Slatery, III, Attorney General and Reporter;
Andrée S. Blumstein, Solicitor General; and Eric
Andrew Fuller, Assistant Attorney General, Nashville,
Tennessee, for the appellee, Tennessee Department of
D. Bennett, J., delivered the opinion of the Court, in which
Charles D. Susano, Jr., and Kenny W. Armstrong, JJ., joined.
D. BENNETT, JUDGE
and Procedural Background
Johnson is an inmate in the custody of the Tennessee
Department of Correction ("TDOC" or "the
Department"). On October 15, 2015, he filed a petition
for common law writ of certiorari challenging the Board of
Parole's revocation of his parole. Mr. Johnson's
petition includes the following allegations:
On or about April 30th, 2015, the petitioner was illegally
imprisoned. He was arrested in Anderson County, Tennessee
without any Miranda Rights being read nor was he given any
reason for his detainment or any warrant allowing his arrest.
The petitioner was transported to the Knox County Jail and
was held at their facility with no cause until T.D.O.C. came
and transfered him to their jurisdiction on May 16th, 2015.
Upon arrival to the Bledsoe County Correctional Complex the
petitioner again inquired about his detainment and no C/O
[correctional officer] could find anything on the petitioner
on his detainment.
The petitioner [immediately] filed a [grievance] on the
matter which was determined to be lost and or destroyed. The
petitioner again filed [another grievance] on the situation
which ended with denials from all parties. . . . .
A week from the call of the petitioner['s] sister a one
Mrs. Angela Johnson caused the parole officer a Ms. Lisa
Ownby to finally send a notice of ...