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Posted by: Landry Butler on Mar 23, 2017

Head Comment: With Dissenting Opinions by Justices Clark and Lee

Court: TN Supreme Court

Attorneys 1:

David H. Veile, Franklin, Tennessee, for the petitioner, Reginald D. Hughes.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Andre´e Sophia Blumstein, Solicitor General; Pamela S. Lorch, Senior Counsel; Michael C. Polovich, Assistant Attorney General (on appeal); Lee Pope, Assistant Attorney General (in chancery court), for the appellee, Tennessee Board of Probation and Parole.

Judge(s): PAGE

The petition for writ of certiorari of Reginald Dion Hughes ("petitioner") to the chancery court from the Tennessee Board of Probation and Parole's denial of parole was dismissed pursuant Tennessee Code Annotated section 41-21-812 following the discovery that petitioner still owed $258.58 from prior cases. Petitioner appealed the chancery court's decision, but the Court of Appeals also dismissed the appeal pursuant to Tennessee Code Annotated section 41-21-812. Hughes v. Tenn. Bd. Prob. and Parole, No. M2015- 00722-COA-R3-CV (Tenn. Ct. App. July 1, 2015) (order dismissing appeal), perm. app. granted (Tenn. Feb. 2, 2016). Petitioner then requested permission to appeal to this court, alleging that section 41-21-812 was unconstitutional. We granted petitioner's request to review this case and to determine "[w]hether Tennessee Code Annotated section 41-21-812(a) is constitutional as applied to this case." After reviewing the record, the parties' arguments, and the applicable law, we affirm the judgment of the Court of Appeals and dismiss petitioner's appeal.