Davis v. Campbell

48 S.W.3d 741, 2001 Tenn. App. LEXIS 67
CourtCourt of Appeals of Tennessee
DecidedFebruary 5, 2001
StatusPublished
Cited by18 cases

This text of 48 S.W.3d 741 (Davis v. Campbell) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Campbell, 48 S.W.3d 741, 2001 Tenn. App. LEXIS 67 (Tenn. Ct. App. 2001).

Opinion

OPINION

KOCH, J.,

delivered the opinion of the court,

in which CANTRELL, P.J., M.S., joined.

This appeal involves a dispute between a prisoner serving a 99-year sentence and the Department of Correction regarding the calculation of the prisoner’s release eligibility date. After the Department declined to issue a declaratory order changing his release eligibility date, the prisoner filed an action in the Chancery Court for Davidson County asserting that the De[744]*744partment had incorrectly classified him as a Class X felon because he had not been convicted of a Class X crime, and he had not received credit ■ for jail time served prior to his prison sentence. The Commissioner of Correction moved to dismiss the complaint, and the trial court, after converting the Commissioner’s motion to a motion for summary judgment, dismissed the prisoner’s complaint. On this appeal, the prisoner essentially reargues the same issues raised in his complaint. We have determined that the trial court correctly concluded that the material facts are not in dispute and that the Commissioner is entitled to a judgment as a matter of law. Accordingly, we affirm the summary judgment.

Late one evening in May 1982, Ronald Davis and Tommy Lee King robbed the owner and patrons of the Third Street Inn in Columbia. They ordered the owner and the patrons to lie on the floor, and then Mr. King cold-bloodedly shot and killed the tavern owner. Mr. Davis and Mr. King escaped in the slain man’s car but were later apprehended and prosecuted. Mr. King was convicted of first degree murder and was sentenced to death. In November 1982, a Maury County jury convicted Mr. Davis of aiding and abetting murder in the second degree, and he was sentenced to serve ninety-nine years. Mr. Davis’s conviction was later upheld on direct appeal1 and in two post-conviction proceedings2 and one habeas corpus proceeding.3 When this lawsuit began, Mr. Davis was incarcerated in the West Tennessee High Security Facility in Henning, Tennessee.

Over the years, Mr. Davis has filed numerous meritless lawsuits on his own behalf and on behalf of other prisoners.4 In April 1997, Mr. Davis asked the Department of Correction for a declaratory order seeking a change in his release eligibility date because his sentence was not being considered in light of the law in effect when he committed his crime and because he had not received credit for time he spent in jail awaiting his trial.5 After the [745]*745Department declined to give him his requested declaratory order, Mr. Davis filed suit against the Commissioner of Correction in the Chancery Court for Davidson County seeking a declaratory judgment in accordance with Tenn.Code Ann. § 4-5-225 (1998), raising the same issues he had raised in his request for a declaratory order.

The Commissioner countered with a motion to dismiss supported by an affidavit of one of the Department’s sentence technicians setting out the details of Mr. Davis’s sentence calculations, including the records of his sentence reduction credits.6 The trial court treated the Commissioner’s motion as a motion for summary judgment. On November 18, 1997, the trial court entered an order concluding that the Commissioner was entitled to a judgment as a matter of law because Mr. Davis had not demonstrated a triable issue of fact concerning the calculation of his release eligibility date. Mr. Davis, who is representing himself and proceeding as a poor person, has appealed.

I.

The STANDARD OF REVIEW

We begin with the well-settled standards governing the appellate review of summary judgments. Summary judgments enjoy no presumption of correctness on appeal. City of Tullahoma v. Bedford County, 938 S.W.2d 408, 412 (Tenn.1997); McClung v. Delta Square Ltd. P’ship, 937 S.W.2d 891, 894 (Tenn.1996). Accordingly, reviewing courts must make a fresh determination concerning whether the requirements of Tenn.R.Civ.P. 56 have been satisfied. Hunter v. Brown, 955 S.W.2d 49, 50-51 (Tenn.1997); Mason v. Seaton, 942 S.W.2d 470, 472 (Tenn.1997). Summary judgments are appropriate only when there are no genuine factual disputes with regard to the claim or defense embodied in the motion and when the moving party is entitled to a judgment as a matter of law. Tenn.R.Civ.P. 56.04; Bain v. Wells, 936 S.W.2d 618, 622 (Tenn.1997); Catwell v. Bottoms, 900 S.W.2d 23, 26 (Tenn.1995).

Courts reviewing summary judgments must view the evidence in the light most favorable to the nonmoving party and must also draw all reasonable inferences in the nonmoving party’s favor. Robinson v. Omer, 952 S.W.2d 423, 426 (Tenn.1997); Mike v. Po Group, Inc., 937 S.W.2d 790, 792 (Tenn.1996). Thus, a summary judgment should be granted only when the undisputed facts reasonably support one conclusion-that the moving party is entitled to a judgment as a matter of law. McCall v. Wilder, 913 S.W.2d 150, 153 (Tenn.1995); Carvell v. Bottoms, 900 S.W.2d at 26. A party may obtain a summary judgment by demonstrating that the nonmoving party will be unable to prove an essential element of its case, Byrd v. Hall, 847 S.W.2d 208, 212-13 (Tenn.1993), because the inability to prove an essential element of a claim necessarily renders all other facts immaterial. Alexander v. Memphis Individual Practice Ass’n, 870 [746]*746S.W.2d 278, 280 (Tenn.1993); Strauss v. Wyatt, Tarrant, Combs, Gilbert & Milom, 911 S.W.2d 727, 729 (Tenn.Ct.App.1995).

II.

The TReatment of Mr. Davis’s Crime as a Class X Felony

Mr. Davis first insists that the Department cannot deny him sentence credits on the ground that he was a Class X felon because the crime for which he was convicted was not a Class X crime in 1982. This presents a question of law because there are no material factual disputes regarding the details of Mr. Davis’s conviction. He was convicted and sentenced in November 1982 of aiding and abetting murder in the second degree. All that remains to be decided is whether aiding and abetting murder in the second degree was a Class X crime in 1982.

Tennessee’s substantive criminal law has not always been codified in a comprehensive, internally consistent manner. Prior to their codification in 1989,7 Tennessee’s substantive criminal laws were contained in a fluid amalgamation of statutes rather than in a code. Neil P. Cohen, The Need for Penal Code Revision in Tennessee, 51 Tenn.L.Rev. 769, 772-73 (1984).

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Bluebook (online)
48 S.W.3d 741, 2001 Tenn. App. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-campbell-tennctapp-2001.