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Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings
Tennessee State pro se prisoner Ronald Waller appealed the 1998 denial of his petition under the Public Records Act to obtain copies of photographs taken in connection with his conviction. The denial was affirmed because he was statutorily prohibited from filing discovery requests for alternative proceedings while post conviction proceedings were pending.
When the Chattanooga Police Department denied his request Waller petitioned the Hamilton County Chancery Court to obtain the photographs for use in future habeas corpus proceedings. The court denied his petition pursuant to T.C.A. § 40 3 209 and Supreme Court Rule 28 which essentially prohibited a lateral petition during pending post conviction proceedings. Waller appealed.
The Eastern Section for the Court of Appeals of Tennessee at Knoxville held that since both federal and state statutes prohibited the petition and are controlling in post conviction discovery procedures the denial was appropriate. See: Waller v. Bryan, 16 S.W.3d 770 (Tenn. App. 1999).
When the Chattanooga Police Department denied his request Waller petitioned the Hamilton County Chancery Court to obtain the photographs for use in future habeas corpus proceedings. The court denied his petition pursuant to T.C.A. § 40 3 209 and Supreme Court Rule 28 which essentially prohibited a lateral petition during pending post conviction proceedings. Waller appealed.
The Eastern Section for the Court of Appeals of Tennessee at Knoxville held that since both federal and state statutes prohibited the petition and are controlling in post conviction discovery procedures the denial was appropriate. See: Waller v. Bryan, 16 S.W.3d 770 (Tenn. App. 1999).
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Related legal case
Waller v. Bryan
| Year | 1999 |
|---|---|
| Cite | 16 S.W.3d 770 (Tenn. App. 1999) |
| Level | State Court of Appeals |
| Injunction Status | N/A |