Johnson v. Avery

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.

Karl P. Warden argued the cause for petitioner. With him on the brief was Pierce Winningham.

Thomas E. Fox, Deputy Attorney General of Tennessee, argued the cause for respondents. With him on the brief were George F. McCanless, Attorney General, and David W. McMackin, Assistant Attorney General.

Melvin L. Wulf filed a brief for the American Civil Liberties Union et al., as amici curiae, urging reversal.

Thomas C. Lynch, Attorney General of California, Albert W. Harris, Jr., Assistant Attorney General, and Robert R. Granucci and George R. Nock, Deputy Attorneys General, filed a brief for the State of California, as amicus curiae, urging affirmance.