Everett Douglas v. Roy M. Nixon, Sheriff of Shelby County, Tennessee and the State of Tennessee

In light of the decision of this court in Robinson v. Neil, 452 F.2d 370 (6th Cir. 1971) cert. granted, 406 U.S. 916, 92 S.Ct. 1800, 32 L.Ed.2d 115 (1972). I feel constrained to concur in the decision to affirm the judgment of the District Court.

I agree with the majority opinion that Tennessee law permitted a prosecution *328for violation of a state law after a conviction for violation of a municipal ordinance proscribing the same conduct. As the majority observes, the basis for this practice is the distinction drawn by Tennessee courts between the “civil” nature of municipal prosecution and the…