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MILLER v. TN BD. OF PROBATION AND PAROLES

119 S.W.3d 696 (2003)

Sammy MILLER v. TENNESSEE BOARD OF PROBATION AND PAROLES.

Court of Appeals of Tennessee, at Nashville.

May 8, 2003.

Permission to Appeal Denied October 27, 2003.

Attorney(s) appearing for the Case

Patrick T. McNally, Nashville, Tennessee, for the appellant, Sammy Miller.

Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Pamela S. Lorch, Assistant Attorney General, for the appellee, Tennessee Board of Probation and Parole.

BEN H. CANTRELL, P.J., M.S., delivered the opinion of the court, in which WILLIAM B. CAIN, J. and VERNON NEAL, Sp. J., joined.

Permission to Appeal Denied by Supreme Court October 27, 2003.

OPINION

The Board of Paroles declined to parole a prisoner in the custody of the Department of Correction. He claimed that the Parole Board violated the constitutional prohibition against ex post facto laws by following a different procedure to reach its decision than was in effect at the time of his crime. The trial court dismissed the prisoner's complaint for failure to state a claim for which...

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