Assigned on Briefs January 4, 2017.
from the Chancery Court for Davidson County No. 16-0046-IV
Russell T. Perkins, Chancellor.
inmate in the custody of the Department of Correction appeals
the dismissal of his petition for declaratory judgment. He
claims his sentence is calculated incorrectly, and he is
entitled to custodial parole and safety valve hearings. Upon
motion of the Respondents, the trial court granted summary
judgment dismissing the petition. We affirm.
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
William Taylor, Tiptonville, Tennessee, Pro Se.
Herbert H. Slatery, III, Attorney General and Reporter,
Andree S. Blumstein, and Charlotte Davis, Assistant Attorney
General, Nashville, Tennessee, for the appellee, Tennessee
Department of Correction, Derrick Schofield; Tennessee Board
of Parole, Commissioner Richard Montgomery; Sentencing
Information Service, Manager Jeannetta Kimbro; Legal Services
Department of Correction, Douglas Stephens.
G. Clement, Jr., P.J., M.S., delivered the opinion of the
Court, in which Thomas R. Frierson, II and Brandon O. Gibson,
G. CLEMENT, JR., P.J., M.S.
William Taylor ("Petitioner"), an inmate housed at
Northwest Correctional Complex, is in the custody of the
Tennessee Department of Correction ("TDOC") serving
several consecutive sentences including one life sentence. On
January 15, 2016, Petitioner filed this declaratory judgment
action contending he is entitled to parole consideration
because his sentence is "calculated incorrectly."
The respondents are Derrick Schofield, Richard Montgomery,
Jeanetta Kimbro, and Douglas Stephens
filed a "Motion to Add Show of Cause for Damages and
Request for Relief" on May 24, 2016, in which he
contended his constitutional rights had been violated due to
the incorrect calculation of his sentence. He further argued
that he qualified for custodial parole and safety valve
consideration. On June 6, 2016, Respondents filed a Motion
for Summary Judgment asserting Petitioner was not entitled to
custodial parole or safety valve consideration and that his
sentence was calculated correctly. Respondents filed with the
motion a memorandum of law, a statement of undisputed facts,
and an affidavit from Candace J. Whisman, Director of
Sentence Management Services. The trial court found the
material facts undisputed, which we summarize below.
August 19, 1988, Petitioner was convicted of first degree
murder, second degree burglary, and simple robbery in Case
#188-108, to which he was sentenced as follows:
(1) a life sentence for first degree murder with release
eligibility after service of 30 years pursuant to Tenn. Code
Ann. § 40-35-501(f) (Supp. 1987);
(2) a 15-year sentence for second degree burglary (to be
served at 35%) to run consecutively to the life sentence for
first degree murder; and
(3) a 15-year sentence for simple robbery (to be served at
35%) to run consecutively to the sentence for ...