Legal Opinion

Harold Tolley v. Attorney General of Tennessee

Court of Appeals of Tennessee

Decided October 29, 2012No. M2012-00551-COA-R3-CVPublishedCited by 2 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · StaffordJ. Steven Stafford, J.

in which ALAN E. HIGHERS, P.J., W.S., and DAVID R. FARMER, J., joined.

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…

3Cases cited28 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  3. Texas Workers' Compensation Commission v. GarciaTexas Supreme Court · 1995
  4. Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
  5. Richardson v. Tennessee Board of DentistryTennessee Supreme Court · 1995

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4Cited by2 opinions

  1. Chattanooga-Hamilton County Hospital Authority v. UnitedHealthcare Plan of the River Valley, Inc.Tennessee Supreme Court · 2015
  2. Jacob Davis v. Tennessee Department of CorrectionCourt of Appeals of Tennessee · 2018

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