Opinion

C.D. Boyd v. TN Board of Paroles

Court
Court of Appeals of Tennessee
Filed
Nov 23, 1998
Status
Published
On the bench
Judge William C. Koch, Jr.
Cited by
0 cases
Authority
More cited than 30.1%

The opinion

IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs November 23, 1998

C.D. BOYD v. TENNESSEE BOARD OF PAROLES, ET AL.

Appeal from the Chancery Court for Davidson County

No. 97-3614-I Irvin H. Kilcrease, Jr., Chancellor

No. M1998-00914-COA-R3-CV - Filed April 12, 2001

This appeal involves an prisoner’s efforts to be paroled from a 35-year sentence for second degree

murder. After the Tennessee Board of Paroles declined to parole the prisoner for the sixth time, the

prisoner filed a petition for common-law writ of certiorari in the Chancery Court for Davidson

County seeking judicial review of the Board’s latest decision. The trial court dismissed the petition,

and the prisoner has appealed. We affirm the dismissal of the prisoner’s petition.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

WILLIAM C. KOCH, JR., J., delivered the opinion of the court, in which WILLIAM B. CAIN and

PATRICIA J. COTTRELL, JJ., joined.

C.D. Boyd, Pikeville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter, and Rebecca E. Miller, Nashville, Tennessee, for

the appellee, Tennessee Board of Paroles.

MEMORANDUM OPINION1

In 1982, C. D. Boyd2 was charged with first degree murder in Shelby County. To avoid the

possibility of being sentenced to either death or life imprisonment, she agreed to plead guilty to

1

Tenn. Ct. Ap p. R. 10(b) pro vides:

The Court, with the concur rence of all judges p articipating in the case, may affirm,

reverse or modify the actions of the trial court b y m e m orandum opinion when a

formal opinion would have no precedential value. When a case is decided by

memorandum opinion it shall be designate d "ME MOR AND UM O PINIO N," shall

not be published, and shall not be cited or relied on for any reason in a subsequent

unrelated case.

2

C. D. Boyd, fo rmerly kno wn as Terry Boyd, describ es herself as a male to female pre-operative transsexual

and has requested that she be referred to as a female.

second degree murder. Accordingly, in November 1983, she was sentenced to thirty-five years in

prison. She is currently serving her sentence at the Southeastern Tennessee State Regional Central

Correctional Facility in Pikeville.

Ms. Boyd first became eligible to be considered for parole in 1989. Between 1989 and 1997,

the Tennessee Board of Paroles declined to release her on parole six times. In November 1997, Ms.

Boyd filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County

to review the Board’s latest refusal to release her on parole. Her petition contains the stock

challenges to the Board’s decision to deny parole that have been repeatedly raised with little success.

Accordingly, on March 3, 1998, the trial court granted the Board’s motion to dismiss Ms. Boyd’s

petition. Ms. Boyd has appealed.

I.

The scope of review under a common-law writ of certiorari is limited. Courts do not issue

the writ to review the intrinsic correctness of an inferior tribunal’s decision. Rather, the writ lies to

inquire into whether the original decisionmaker exceeded its jurisdiction or acted illegally,

fraudulently, or arbitrarily. Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d 478, 480 (Tenn. 1997).

Courts grant relief under the common law certiorari writ when the decision being reviewed was

arrived at in an unlawful manner. Powell v. Parole Eligibility Review Bd., 879 S.W.2d 871, 873

(Tenn. Ct. App. 1994). Thus, if we find that the procedures complained of in this case comport with

all constitutional and statutory requirements, we must affirm the trial court’s dismissal. Guided by

these legal standards, we turn to Ms. Boyd’s arguments.

Ms. Boyd first argues that when she was incarcerated in November 1983, the Board’s rules

contained a presumption that all inmates would be released upon the inmate first becoming eligible

for parole.3 Even though the Board rescinded this presumption in 1985 prior to her first parole

hearing, Ms. Boyd contends that the presumption applies to her and that repealing it constitutes an

impermissible ex post facto law. We have previously considered and rejected that argument with

regard to prisoners in circumstances similar to Ms. Boyd. Kaylor v. Bradley, 912 S.W.2d 728, 732-

34 (Tenn. Ct. App. 1995). We reject the argument again in this case.

Second, Ms. Boyd argues that the Board violated due process rights by basing its decision

to deny her parole on the seriousness of her offense. We have previously considered and rejected

that argument. The Board may properly consider the seriousness of an offender’s crime in denying

parole. Arnold v. Tennessee Bd. of Paroles, 956 S.W.2d at 482-83; Perry v. Board of Paroles, No.

M1998-01018-COA-R3-CV, 2001 WL 46990, at *1 (Tenn. Ct. App. Jan. 22, 2001) (No Tenn. R.

App. P. 11 application filed). This argument fails to state a legal claim.

3

Ms. Boyd cites a superseded rule that stated: “The Board operates under the presumption that each resident

who is eligible for parole is a worthy candidate and thus the board presumes that he will be released on parole when he

is first eligible.” Tenn. Comp. R. & Regs. r. 1100-1-1-.06 (superseded).

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Third, Ms. Boyd argues that the Board acted illegally by failing to provide her with a detailed

written statement of its reasons for denying parole. We note first that the Board did give her copies

of the form the hearing officer and his Board colleagues completed regarding her hearing which

contained the reasons for denying her parole. We also note, as we have previously held, that no law

requires that state prisoners receive detailed written statements setting out “with particularity” the

reasons behind the Board’s parole decisions. Perry v. Board of Paroles, 2001 WL 46990, at *2.

This argument also states no legal claim.

Fourth, Ms. Boyd insists that “Board policy” requires all members, or at least a quorum of

the Board, to be present when an inmate convicted of murder is considered for parole release.

However, Ms. Boyd does not identify this “policy” or provide any evidence that such a “policy”

exists. We note that Tenn. Code Ann. § 40-28-105(d)(4)(k) (Supp. 2000) requires the votes of four

members to grant parole in cases of second degree murder, but this statute, which only became

effective January 1, 1998, had no applicability to Ms. Boyd’s 1997 parole hearing. Furthermore,

even if the statute were applicable to Ms. Boyd, it would not support her argument. Nothing in it

prevents the Board from deciding parole matters based upon the recommendations of a single

hearing officer, see Tenn. Code Ann. § 40-28-105(d)(9), which is the procedure that occurred in this

case.

Ms. Boyd’s fifth argument goes back to her original plea bargain. She says that in exchange

for pleading guilty to second degree murder in 1983, the prosecutor promised that she would be

sentenced to thirty-five years in the penitentiary and would be released on parole after serving forty

percent (later reduced by a change in the law to thirty-five percent) of that sentence. She contends

that the prosecutor promised her that thirty-five percent of her thirty-five year sentence would be the

maximum she would have to serve before being physically released on parole. Because she has

served over forty percent of her sentence without the Board of Paroles releasing her, she argues that

the State has breached the plea agreement.

Without question, a prisoner with proper proof can state a claim for relief where the State has

failed to live up to its side of a plea bargain. However, we have made it clear that

Prisoners who assert that they agreed to plead guilty in return for

agreements that they would be paroled after serving a specific portion

of their sentences must come forward with some competent evidence

of these agreements. This evidence is readily available either in the

form of a written plea bargain agreement or in the form of a verbatim

record of a plea bargain proceeding required to be kept pursuant to

Tenn. R. Crim. P. 11(g). Without this evidence, a prisoner has failed

to state a claim upon which relief can be granted.

Ringling v. Tennessee Bd. of Paroles, No. 01A01-9708-CV-00416, 1997 WL 718419, at *3 (Tenn.

Ct. App. Nov. 19, 1997) perm. app. denied (Tenn. May 26, 1998). Ms. Boyd’s complaint in this

case was accompanied by no competent evidence of her plea agreement. Consequently, the trial

court did not err in dismissing this portion of the case for failure to state a claim.

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Finally, Ms. Boyd takes issue with a number of the hearing officer’s questions and comments

during her parole hearing. She speculates about what his remarks may have shown he was

considering in making his decision. Our review of the record indicates that none of the hearing

officer’s remarks show that he recommended denial of parole out of caprice or that his decision

rested on a basis the law forbids. In reality, this portion of Ms. Boyd’s argument seeks to draw the

courts into re-evaluating the intrinsic correctness of the Board’s 1997 decision to deny parole. That

is beyond the scope of the writ she seeks.

II.

We affirm the dismissal of Ms. Boyd petition and remand the case to the trial court for

whatever further proceedings may be required. We tax the costs of this appeal to C. D. Boyd for

which execution, if necessary, may issue.

_____________________________

WILLIAM C. KOCH, JR., JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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