|
|
Johnson v. Avery, 393 U.S. 483 (1969)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Johnson v. Avery, 393 U.S. 483 (1969)
Johnson v. Avery No. 40 Argued November 14, 1968 Decided February 24, 1969 393 U.S. 483
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
Petitioner, a Tennessee prisoner, was disciplined for violating a prison regulation which prohibited inmates from assisting other prisoners in preparing writs. The District Court held the regulation void because it had the effect of barring illiterate prisoners from access to federal habeas corpus and conflicted with 28 U.S.C. § 2242. The Court of Appeals reversed, finding that the State’s interest in preserving prison discipline and limiting the practice of law to attorneys justified any burden the regulation might place on access to federal habeas corpus.
Held: In the absence of some provision by the State of Tennessee for a reasonable alternative to assist illiterate or poorly educated inmates in preparing petitions for post-conviction relief, the State may not validly enforce a regulation which absolutely bars inmates from furnishing such assistance to other prisoners. Pp. 485-490.
382 F.2d 353, reversed and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Johnson v. Avery, 393 U.S. 483 (1969) in 393 U.S. 483 393 U.S. 484. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=Q8SK9M6EE6J68C1.
MLA: U.S. Supreme Court. "Syllabus." Johnson v. Avery, 393 U.S. 483 (1969), in 393 U.S. 483, page 393 U.S. 484. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Q8SK9M6EE6J68C1.
Harvard: U.S. Supreme Court, 'Syllabus' in Johnson v. Avery, 393 U.S. 483 (1969). cited in 1969, 393 U.S. 483, pp.393 U.S. 484. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=Q8SK9M6EE6J68C1.
|