recitation requirement in Tennessee

2012“Because Tennessee Code Annotated § 27-9-102 requires the aggrieved party to file ‘a petition of certiorari,’ the party seeking review of a board’s decision must also comply with Tennessee Code Annotated § 27-8-106.” Schaffer v. State Bd. of Prob. & Parole, No. M2010-01805-COA-R3-CV, 2011 WL 2120169 , at *2; 2011 Tenn. App. LEXIS 284 , at *5-6 (Tenn. Ct. App. May 27, 2011). -4- Courts have interpreted Section 27-8-106 to require a petition for a writ of certiorari to satisfy both “a verification requirement (that the petition be ‘sworn to’) and a recitation requirement (that the petition ‘stat

2012Tennessee Code Annotated section 27-8-106 requires that a petition for writ of certiorari satisfy both "a verification requirement (that the petition be ‘sworn to') and a recitation requirement (that the petition 'state that it is the first application for the writ’).” State v. L.W., 350 S.W.3d 911, 915 (Tenn.2011).

2016See Blair, 246 S.W.3d at 40-41 .

2014Id. 5 In Blair, 246 S.W.3d at 41 , for example, a petitioner filed a motion to amend his petition for certiorari seeking to submit an amended petition that complied with the verification requirement discussed above.

2022In evaluating Instruction Errors under the plain error standard, the Appeals Court shall conduct a de novo review of the trial court’s application of the law to the facts.” The Defendant cites State v. Walton, 41 S.W.3d 75,81 (Tenn. 2001), which is a case in which our supreme court stated that we review de novo a trial court’s application of the law to the facts in a motion to suppress.

2012There is a significant difference between expanding the court’s jurisdictional authority to issue a writ of certiorari beyond that granted by the Constitution of Tennessee and allowing waiver of a failure to adhere to a court-imposed rule. -6- See Crane Enamelware Co. v. Smith, 168 Tenn. at 206 , 76 S.W.2d at 645 (noting that while a court could not allow an amendment to permit an untimely verification of a petition for writ of certiorari, it could waive its own rule).

2012There is a significant difference between expanding the court’s jurisdictional authority to issue a writ of certiorari beyond that granted by the Constitution of Tennessee and allowing waiver of a failure to adhere to a court-imposed rule. -6- See Crane Enamelware Co. v. Smith, 168 Tenn. at 206 , 76 S.W.2d at 645 (noting that while a court could not allow an amendment to permit an untimely verification of a petition for writ of certiorari, it could waive its own rule).