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SMARTT v. AVERY

No. 16654.

370 F.2d 788 (1967)

Roy Lee SMARTT, Petitioner-Appellee, v. Harry S. AVERY, Commissioner of Correction, State of Tennessee, Respondent-Appellant.

United States Court of Appeals Sixth Circuit.

January 6, 1967.

Attorney(s) appearing for the Case

Henry C. Foutch, Asst. Atty. Gen. State of Tennessee, Nashville, Tenn., George F. McCanless, Atty. Gen., and Reporter State of Tenn., of counsel, for appellant.

Luke E. Harvey, Nashville, Tenn., for appellee.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant in this case appeals from an order of United States District Judge William E. Miller which held unconstitutional an amendment to the Rules and Regulations of the Tennessee Pardon, Parole and Probation Board, dated February 23, 1965. Judge Miller also enjoined enforcement of this rule. The amendment follows:

"Subject: Amendment to Rules and and Regulations of the Pardon, Parole...

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