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MORTON v. AVERY

No. 17806.

393 F.2d 138 (1968)

Hollis MORTON, Petitioner-Appellant, v. Harry S. AVERY, Commissioner, Department of Correction, State of Tennessee, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

March 29, 1968.

Attorney(s) appearing for the Case

William L. Underhill (Court Appointed) Nashville, Tenn., for appellant.

David W. McMackin, Nashville, Tenn. (Paul E. Jennings, Asst. Atty. Gen., Nashville, Tenn., on the brief), for appellee; George F. McCanless, Atty. Gen., and Reporter, of counsel.

Before PHILLIPS and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

Appellant is serving a ninety-nine year sentence for first degree murder in the Tennessee State Penitentiary. He filed this action for declaratory judgment under 28 U.S.C. § 2201, attacking the validity of the Tennessee Indeterminate Sentence Law, T.C.A. § 40-2707, as construed by the Supreme Court of Tennessee in Franks v. State, 187 Tenn. 174, 213 S.W.2d 105. In that case the State Supreme Court held that the Indeterminate Sentence Law is inapplicable...

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