Abe Fortas

Name: Johnson v. Avery — Opinion of the Court
Author: Abe Fortas

Summary

“Johnson v. Avery — Opinion of the Court”, is a work by Abe Fortas. It explores elements such as inmate, writ and regulation.

Quotes from Johnson v. Avery — Opinion of the Court (Abe Fortas)

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ Tennessee has not, in substance, deprived those unable themselves, with reasonable adequacy, to prepare their petitions, of access to the constitutionally and statutorily protected availability of the writ of habeas corpus. By contrast, in several States, [8] the public defender system supplies trained attorneys, paid from public funds, who are available to consult with prisoners regarding their habeas corpus petitions. At least one State employs senior law students to interview and advise inmates in state prisons. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ In most federal courts, it is the practice to appoint counsel in post-conviction proceedings only after a petition for post-conviction relief passes initial judicial evaluation and the court has determined that issues are presented calling for an evidentiary hearing. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ There is no contention, however, that there is any regular system of assistance by public defenders. In its brief the State contends that ' (t) here is absolutely no reason to believe that prison officials would fail to notify the court should an inmate advise them of a complete inability, either mental or physical, to prepare a habeas application on his own behalf,' but there is no contention that they have in fact ever done so.
This is obviously far short of the showing required to demonstrate that, in depriving prisoners of the assistance of fellow inmates. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ In any event, the type of activity involved here preparation of petitions for post-conviction relief-though historically and traditionally one which may benefit from the services of a trained and dedicated lawyer, is a function often, perhaps generally, performed by laymen. Title 28 U.S.C. § 2242 apparently contemplates that in many situations petitions for federal habeas corpus relief will be prepared by laymen. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ Tennessee does not provide an available alternative to the assistance provided by other inmates. The warden of the prison in which petitioner was confined stated that the prison provided free notarization of prisoners' petitions. That obviously meets only a formal requirement. He also indicated that he sometimes allowed prisoners to examine the listing of attorneys in the Nashville telephone directory so they could select one to write to in an effort to interest him in taking the case, and that 'on several occasions' he had contacted the public defender at the request of an inmate. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ For whatever it may be worth, petitioner testified that he would stop helping other inmates if such a system were in existence.↑ One State has designated an inmate as the official prison writ-writer. See Note, supra, n. 4, at 359.↑ In reversing the District Court, the Court of Appeals relied on the power of the State to restrict the practice of law to licensed attorneys as a source of authority for the prison regulation. The power of the States to control the practice of law cannot be exercised so as to abrogate federally protected rights. ”

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Source: Wikisource

Abe Fortas, Johnson v. Avery — Opinion of the Court

“ 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. It is not intended that an innocent man be punished. When a man believes he is unlawfully held or illegally convicted, he should prepare a brief or state his complaint in letter form and address it to his lawyer or a judge. A formal Writ is not necessary to receive a hearing. ”

Abe Fortas

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