Mitchell v. State of Tennessee

MEMORANDUM OPINION

WELLFORD, District Judge.

It should be noted that the Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972) decision was a 4-3 decision of the Supreme Court, the effect of which was to declare unconstitutional under the due process clause of the Constitution replevin laws of the States of Florida and of Pennsylvania. Justice White wrote in that case a strong and compelling dissenting opinion in which the Chief Justice and Justice Blackmun joined. Interestingly the two three Judge Courts which had considered these cases upheld the constitutionality of these…