Gerald D. Stover v. Kevin Myers, Warden

Following his plea of guilty to aggravated burglary, the petitioner was sentenced to twelve years. After serving a period of time, the length of which is unclear from the record, he was paroled and, on February 19, 1999, was convicted in Alabama for trafficking cocaine. Apparently, a parole violation warrant was issued on January 25, 1999, for his Tennessee sentence, as to which he was declared on the same day to be delinquent. Presumably because the petitioner was incarcerated in Alabama, the warrant was not served on him until March 1, 2004. His parole was revoked on April 1, 2004, following a hearing that same day. He filed a petition for writ of habeas corpus on September 29, 2004, seeking relief because, by his analysis, his sentence had expired and the revocation hearing had not been timely. The trial court dismissed the petition and, following our review, we affirm the dismissal.