01/14/2022 IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs November 1, 2021 LA SOUTHAPHANH v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. Appeal from the Chancery Court for Davidson County No. 18-388-II Anne C. Martin, Chancellor ___________________________________ No. M2021-00234-COA-R3-CV ___________________________________ A parolee petitioned for a common law writ of certiorari after the Tennessee Board of Parole revoked his parole and did not credit his sentence with a portion of the time he spent on parole. The chancery court concluded that the Board did not act arbitrarily, fraudulently, illegally, or in excess of its jurisdiction. The chancery court dismissed the petition. We affirm. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed; Case Remanded JOHN W. MCCLARTY, J., delivered the opinion of the court, in which ANDY D. BENNETT, J. and J. STEVEN STAFFORD, P.J., W.S., joined. La Southaphanh, Wartburg, Tennessee, Pro Se. Herbert H. Slatery, III, Attorney General and Reporter, Andrée Blumstein, Solicitor General, and Pamela S. Lorch, Senior Assistant Attorney General, for the appellees, Tennessee Department of Correction, Tennessee Board of Parole, Tony Parker, Commissioner, Tennessee Department of Correction, and Charles Traughber, Chairman, Tennessee Board of Parole. MEMORANDUM OPINION1 1 Rule 10 of the Rules of the Court of Appeals of Tennessee provides: I. BACKGROUND On June 17, 1996, La Southaphanh (“Petitioner”), was convicted of two counts of aggravated burglary and theft of property of $1,000 to $10,000 pursuant to Tennessee statutes. He was sentenced to 27 years of confinement. On March 15, 2005, the Tennessee Board of Parole (“Board”) hearing officer recommended that Petitioner be released on parole for “immigration deportation only.”2 Members of the Board adopted the hearing officer’s recommendation and granted Petitioner parole. On April 18, 2005, Petitioner was released from the custody of the Tennessee Department of Correction and placed on parole. The parole was set to expire upon the sentence expiration date. Before departing the Southeastern Tennessee State Regional Correctional Facility,3 Petitioner signed a parole certificate in which he agreed to comply with a number of conditions including: I will obey the laws of the United States or any state in which I may be, as well as any municipal ordinances. I will report all arrests, including traffic violations, immediately, regardless of the outcome, to my Probation/Parole Officer. I will, when away from my residence, have on my person my parole identification card and present it to the proper authority. I will not own, possess, or carry any type of deadly weapon (guns, rifles, knives) or any illegal weapons. I will not engage in any assaultive, abusive, threatening or intimidating behavior. Nor will I participate in any criminal street gang related activities as defined in TCA 40-35-121. I will not behave in a manner that poses a threat to others or myself. Immediately, Petitioner was placed in the custody of the United States Immigration and Naturalization Service. During the deportation process, Petitioner was released and placed This Court, with the concurrence of all judges participating …
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