Stanley v. Avery
| Decision Date | 04 January 1968 |
| Docket Number | No. 17679.,17679. |
| Parties | Edward Earl STANLEY, Petitioner-Appellant, v. Harry S. AVERY, Commissioner of Corrections, State of Tennessee, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Edward Earl Stanley, in pro. per.
Henry C. Fourth, Asst. Atty. Gen., State of Tennessee, David W. McMackin, Asst. Atty. Gen., State of Tennessee, Nashville, Tenn., on brief, for appellee.
Before WEICK, Chief Judge, O'SULLIVAN, Circuit Judge, and CECIL, Senior Circuit Judge.
Edward Earl Stanley, appellant, brought this action in the United States District Court for the Middle District of Tennessee for a declaration1 of his rights under the statutes of Tennessee pertaining to good and honor time in the state penitentiary. Motion for summary judgment was granted in favor of the respondent-appellee and the appellant appeals.
In 1955 the appellant was convicted of robbery and was sentenced to five to fifteen years in the state penitentiary. He was released on parole in April, 1960. In December he was convicted on three counts of burglary and sentenced to three to five years on each count, the sentences to run concurrently and consecutively to the fifteen-year sentence. On his return to the penitentiary he was required to serve his prior sentence of fifteen years in full and by order of the Parole Board all of his good and honor time for the entire fifteen-year sentence was revoked.
The appellant claims that his good and honor time for that part of the sentence not yet served could not be revoked. The district judge held that the statutes involved were correctly interpreted and in accordance with long time practice in the state.
We conclude that the district judge properly interpreted the Tennessee statutes and further that no federal constitutional question is involved.
In Forsythe v. State of Ohio, 6 Cir., 333 F.2d 678, we said:
The Declaratory Judgment Act enlarged the range of remedies in the federal courts but did not alter or...
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