The state Supreme Court found that Tenn. Code Ann. § 40-30-104(e) expressly required petitioners to verify such petitions under oath. Thus, the Court found that both petitions were improperly filed for lack of verification. The Court also found that mental disease is a valid reason to allow a "next friend" petition, but only if the petitioner has been deemed incompetent by a court. Since neither Holton nor Reid had been so deemed, the petitions could not be filed by "next friends." The courts below were reversed and the petitions dismissed. See: Holton v. State and Reid v. State, 201 S.W.3d 626 (Tenn. 2006), as amended on denial of rehearing (consolidated cases).
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Related legal case
Holton v. State and Reid v. State
|Cite||201 S.W.3d 626 (Tenn. 2006)|
|Level||State Supreme Court|