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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TCA


John M. Cannon, Goodlettsville, TN, for Appellant

William Harrison Nix, III, Mount Juliet, TN, pro se


The appellant contends that the circuit court erred in dismissing his appeal from general sessions court when he failed to appear on the date of the hearing. He claimed that he had gone to the wrong courthouse on the hearing date. We affirm.


Court: TCA


William W. York, Mountain City, TN, pro se

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Mark A. Hudson, Senior Counsel, Nashville, TN, for Appellee


In 2001, the appellant, a pro se prisoner, petitioned the chancery court for a writ of certiorari regarding the parole board's decision denying him parole and setting a date for his next parole hearing ten years later. The chancery court granted the parole board's motion to dismiss the petition, and the prisoner appealed. This Court affirmed the chancery court's decision to dismiss the petition insofar as the prisoner alleged error with the decision to deny parole, but reversed and remanded as to the decision to defer parole consideration for ten years, finding it arbitrary. On remand, the chancery court ordered a second parole hearing, but later vacated the order. However, a second hearing had already been held at which the parole board again denied parole and set a date for the next parole hearing six years from the date of this second hearing. The chancery court ruled that the decision of the parole board to defer parole consideration for six years was not arbitrary, and concluded that the prisoner had been granted the relief to which he was entitled, dismissing the petition. The prisoner timely appealed to this Court. We affirm, as modified.


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Download the opinion
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