HAROLD TOLLEY v. ATTORNEY GENERAL OF TENNESSEE, ET AL. - Articles

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Posted by: Tanja Trezise on Oct 30, 2012

Court: TN Court of Appeals

Attorneys 1:

Harold Tolley, Mountain City, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William Young, Solicitor General; Pamela S. Lorch, Senior Counsel, for appellee, Attorney General of Tennessee, Tennessee Department of Corrections, Tennessee Board of Probation and Paroles and the State of Tennessee.

Judge(s): STAFFORD

Appellant inmate filed a petition for Declaratory Judgment in the Davidson County Chancery Court, arguing that Tennessee Code Annotated Section 40-35-501(i) is unconstitutional as applied to life sentences with the possibility of parole. The Appellee Department of Correction filed a motion to dismiss, arguing that the Appellant’s failure to seek a Declaratory Order from the Department of Correction constituted the failure to exhaust administrative remedies. The trial court granted the motion to dismiss. Discerning no error, we affirm.

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