Butler v. Dept. of Correction

Full title: CHARLES A. BUTLER, Petitioner-Appellant v. TENNESSEE DEPARTMENT OF…

Court: Court of Appeals of Tennessee. at Nashville

Date published: Jun 29, 1999

C/A No. 01A01-9808-CH-00428 (Tenn. Ct. App. Jun. 29, 1999)

Opinion

C/A No. 01A01-9808-CH-00428.

June 29, 1999.

APPEALED FROM THE CHANCERY COURT OF DAVIDSON COUNTY, THE HONORABLE IRVIN H. KILCREASE, JR., CHANCELLOR, NO. 98-984-I.

AFFIRMED AND REMANDED

Charles A. Butler, Pro Se, For Petitioner-Appellant.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Stephanie R. Reevers, Senior Counsel, Attorneys for Respondent-Appellee.

Houston M. Goddard, Presiding Judge

OPINION

Plaintiff Charles A. Butler, an inmate incarcerated in the penal system of the State of Tennessee, seeks to have a parole violation detainer issued by the State of Georgia lodged with the Tennessee Department of Corrections declared invalid. As best we understand the record, the basis for Mr. Butler's assertion is that the State of Georgia failed to bring him to trial within 180 days after his request as mandated by the Interstate Compact On Detainers.

The Trial Court found, with citations of appropriate authority, that the Compact does not apply to parole violations, and for that reason dismissed Mr. Butler's suit.

Our review of the record persuades us this is an appropriate case for affirmance under Rule 10(a) of this Court.

For the foregoing reasons the judgment of the Trial Court is affirmed and the cause remanded for collection of costs below. Costs of appeal are adjudged against Mr. Butler. _______________________________ Houston M. Goddard, P.J.

CONCUR: ________________________________ Herschel P. Franks, J. ________________________________ Charles D. Susano, Jr., J.