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Discovery Request Petition Prohibited While Another Court Entertains Post conviction Proceedings
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
|Cite||16 S.W.3d 770 (Tenn. App. 1999)|
|Level||State Court of Appeals|