JOHNSON v. AVERY

No. 17292.

382 F.2d 353 (1967)

William Joe JOHNSON, Petitioner-Appellee, v. Harry S. AVERY, Commissioner of Correction, and C. Murray Henderson, Warden, Tennessee State Penitentiary, Respondents-Appellants.

United States Court of Appeals Sixth Circuit.

August 31, 1967.


Attorney(s) appearing for the Case

Henry C. Foutch, Asst. Atty. Gen. of Tennessee, Nashville, Tenn. (George F. McCanless, Atty. Gen., and Reporter of Tennessee, of counsel), for appellants.

Pierce Winningham, III, Nashville, Tenn., for appellee.

Before WEICK, Chief Judge, PECK, Circuit Judge, and CECIL, Senior Circuit Judge.


WEICK, Chief Judge.

The crux of this case is the question of validity of a regulation of the Tennessee State Penitentiary at Nashville, which prohibits any inmate from advising or assisting other prisoners in the preparation or filing of writs of habeas corpus or other legal papers.1 The regulation was promulgated and enforced by the defendants-appellants in their official capacities as Commissioner of Correction of the State of Tennessee...

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