Brennan v. Tennessee Board of Parole

In 2009, Appellant pleaded guilty to attempted rape of a child. That same year, Appellant began serving his sentence. On March 26, 2013, a Tennessee Board of Parole hearing officer conducted a parole hearing for Appellant based on a release eligibility date of June 14, 2013. The hearing offer recommended that parole be denied. The Board concurred and deferred the next parole hearing until 2013. Appellant filed a petition of certiorari, asserting that the Board’s decision was illegal, contrary to established law, and arbitrary and capricious. The trial court dismissed the petition. Appellant appealed. The Court of Appeals did not consider the issues raised by Appellant but, instead, determined that Appellant’s release eligibility date was April 3, 2015. The Court of Appeals then remanded the case to the trial court with instructions for the Board to conduct an immediate parole hearing for Appellant. The Supreme Court reversed the Court of Appeals and affirmed the trial court’s decision, holding that the Court of Appeals lacked the authority to calculate the date Appellant could be considered for parole and did so incorrectly. View "Brennan v. Tennessee Board of Parole" on Justia Law