ROGER JAMAL MYRICK v. STATE OF TENNESSEE, ET AL. - Articles

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Posted by: Tanja Trezise on Oct 9, 2014

Court: TN Court of Appeals

Attorneys 1:

Roger Jamal Myrick, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Joe Whalen, Acting Solicitor General; and Lee Pope, Assistant Attorney General; for the appellee, State of Tennessee.

Judge(s): BENNETT

This appeal arises from a decision by the Davidson County Chancery Court dismissing inmate’s petition for declaratory judgment. Inmate was convicted of second degree murder and sought a declaratory order from the Tennessee Department of Correction (“TDOC”) claiming he was eligible for parole and requesting a parole hearing date. The request was denied, so inmate filed a petition for declaratory judgment with the Davidson County Chancery Court, arguing that he was entitled to a parole hearing and mandatory parole pursuant to Tenn. Code Ann. §§ 40-28-115(b)(1) and -117(b). The State filed a motion to dismiss for failure to state a claim based on Tenn. Code Ann. § 40-35-501. The trial court granted the State’s motion, and this appeal followed. We affirm the decision of the trial court.

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