Opinion

State Ex Rel. Wade v. Norvell

  • 1 Tenn. Crim. App. 447
  • 443 S.W.2d 839
  • 1969 Tenn. Crim. App. LEXIS 285
Court
Court of Criminal Appeals of Tennessee
Filed
May 27, 1969
Status
Published
Author
Galbreath
On the bench
Walker, Oliver, Galbreath
Cited by
110 cases

“the courts have no jurisdiction to exercise authority or control or command or dominion over the board of probation and paroles [now the board of paroles] in the exercise of its statutory duties with reference to the parole of prisoners and allowance or forfeiture of time credits upon their sentences”

How later courts described this case

  • “the courts have no jurisdiction to exercise authority or control or command or dominion over the board of probation and paroles [now the board of paroles] in the exercise of its statutory duties with reference to the parole of prisoners and allowance or forfeiture of time credits upon their sentences”

Written by the judges who cited it.

The opinion

GALBREATH, Judge

(dissenting).

I must respectfully dissent from the concurring opinions of my brethren.

The petition confronting us is so poorly drawn as to be almost unintelligible. It is in the inmate’s cursive and *452 is far below the standards of the average petition prepared by or for a prisoner behind the walls. Counsel was appointed to assist petitioner more than two months before disposition of the State’s motion to dismiss. It would seem the first order of business for appointed counsel would have been to cure by amendment the obvious literary and legal deficiencies of the petition, if for no better reason than to have made it easier to read.

In spite of the lack of clarity occasioned by the ineptness of the drafter of the petition, it appears to this writer that his actual complaint is that the sentence under attack has expired. True, he does not say so in exact terms but it seems to me he contends, in effect, that if he is allowed a year’s credit for jail time plus good and honor time and, of course, credit for time served that the three year sentence imposed has been completely served. That he is probably wrong in his allegation does not change the fact that he has mounted a justiciable issue going to the legality of his restraint.

If the prisoner contends, as I believe he does, that his term of lawful confinement has expired, he has a right to present such proof as he has to sustain his position since the record before us does not suggest the expiration date.

No question involving the petitioner’s right to parole is presented and I find the observations contained in the concurring opinion inapplicable to this case. While agreeing with all of the principles of law expressed reiterating the recognized prerogative of the executive branch of our government to grant and supervise paroles, it is clear that if the Department of Corrections refuses *453 to release a prisoner upon the expiration of his sentence, relief is available through habeas corpus.

I would have reversed and remanded to allow proof to determine if the petitioner’s sentence has expired.

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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