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JOHNSON v. AVERY

No. 40.

393 U.S. 483 (1969)

JOHNSON v. AVERY, COMMISSIONER OF CORRECTION, ET AL.

Supreme Court of United States.

Decided February 24, 1969.

Attorney(s) appearing for the Case

Karl P. Warden argued the cause for petitioner. With him on the brief was Pierce Winningham.

Thomas E. Fox, Deputy Attorney General of Tennessee, argued the cause for respondents. With him on the brief were George F. McCanless, Attorney General, and David W. McMackin, Assistant Attorney General.

Melvin L. Wulf filed a brief for the American Civil Liberties Union et al., as amici curiae, urging reversal.

Thomas C. Lynch, Attorney General of California, Albert W. Harris, Jr., Assistant Attorney General, and Robert R. Granucci and George R. Nock, Deputy Attorneys General, filed a brief for the State of California, as amicus curiae, urging affirmance.

MR. JUSTICE FORTAS delivered the opinion of the Court.

I.

Petitioner is serving a life sentence in the Tennessee State Penitentiary. In February 1965 he was transferred to the maximum security building in the prison for violation of a prison regulation which provides:

"No inmate will advise, assist or otherwise contract to aid another, either with or without a fee, to prepare Writs or other legal matters...

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