Legal Opinion

Roy Lee Smartt v. Harry S. Avery, Commissioner of Corrections and C. Murray Henderson, Warden, Tennessee State Penitentiary

Court of Appeals for the Sixth Circuit

Decided May 15, 1969No. 18661_1PublishedCited by 23 opinions

1Per curiam

The district judge for the Middle District of Tennessee considered the petitions filed April 6, 1967 pro se by Roy Lee Smartt, petitioner-appellant, and the supplemental petition of his court appointed lawyer as stating a claim under the civil rights statutes. Section 1343, Title 28, and Section 1983, Title 42, U. S.C. The district judge, upon hearing, denied the claim and the appellant appeals.

The appellant while on parole from a five year state court sentence was convicted in the Criminal Court of Shelby County, Tennessee, for robbery and accessory before the fact of robbery. He received 15…

2Cases cited3 opinions

  1. Mempa v. RhaySupreme Court of the United States · 1967
  2. Ben A. Johnson v. Victor G. Walker, Warden, Louisiana State Penitentiary, Angola, Louisiana and the State of LouisianaCourt of Appeals for the Fifth Circuit · 1963
  3. Roy Lee Smartt v. C. Murray Henderson, Warden, Tennessee State PenitentiaryCourt of Appeals for the Sixth Circuit · 1969

3Cited by23 opinions

  1. Sostre v. McGinnisCourt of Appeals for the Second Circuit · 1971
  2. Hancock v. AveryDistrict Court, M.D. Tennessee · 1969
  3. Irving Eugene Ney v. State of California, Lawrence F. Pickett, Keith C. SorensonCourt of Appeals for the Ninth Circuit · 1971
  4. Alexander v. EmersonCourt of Appeals for the Fifth Circuit · 1973
  5. Edwards v. SchmidtDistrict Court, W.D. Wisconsin · 1971

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