Darryl Whisnant v. Tennessee Board of Probation and Parole

This appeal concerns a decision by the Tennessee Board of Parole (“the Board”). Following a hearing, the Board denied parole to inmate Darryl Whisnant (“Whisnant”). The Board said that, going forward, Whisnant should complete his programming as recommended by his Strong R Assessment, namely by continuing his positive behavior, remaining drug free, and taking a few minutes each day for positive reflection. Whisnant filed a petition for writ of certiorari in the Chancery Court for Davidson County (“the Trial Court”). The Trial Court upheld the Board’s decision. Whisnant appeals. According to Whisnant, the Board violated Tenn. Code Ann. § 40-35-503(b)(2)(B) by failing to state in writing how he could improve his chances of being released on parole. Whisnant argues that his recommended tasks were open-ended and impossible to complete. We find, as did the Trial Court, that the tasks given to Whisnant clearly were meant to be complied with up to his next parole hearing, at which time the Board can consider Whisnant’s compliance or non-compliance as part of its decision-making. The recommended tasks are neither open-ended nor impossible to complete. We hold that the Board complied with Tenn. Code Ann. § 40-35-503(b)(2)(B). We affirm.