TN: Two Pro-Se registrant cases proceed.
It’s rare to see a pro-se (self represented) litigant’s case proceed past the initial stages. It’s even more rare when the case involves a challenge to the registry. Now imagine how rare it is for that to happen in two separate cases, on the same day, in two separate districts of Tennessee!
Clayborn v. Lee, No. 3: 22-cv-00458 (M.D. Tenn. June 28, 2022) and Harvey v. Lee, No. 3: 22-CV-39-DCLC-JEM (E.D. Tenn. June 28, 2022) are two separate challenges to the registry, both filed by indigent plaintiffs who are representing themselves.
In such cases, as a threshold matter the Court needs to read the complaints and determine whether there is a justified claim for prospective relief. This initial screening process is where we’ve seen many cases fall apart, but not so here. Both cases will be moving forward.
Now who knows some legal resources in Tennessee to help these guys out?
FAC Legal, do we know which attorneys achieved the previous wins in TN? FAC has done a good job reporting on those cases:
https://floridaactioncommittee.org/tn-huge-win-as-tennessee-district-court-slams-the-state-for-its-registry-violating-ex-post-facto-provisions/
https://floridaactioncommittee.org/tn-judge-orders-state-to-remove-men-from-sex-offender-registry/
https://floridaactioncommittee.org/tn-great-decision-out-of-tennessee-registry-violates-ex-post-facto/
https://floridaactioncommittee.org/judge-further-delays-start-of-tennessee-law-that-bans-sex-offenders-from-living-with-their-own-children/
Good thought. The 8 defendants were represented by Walter Justin Adams, Jonathan P. Farmer, and Edward M. Yarbrough, now of https://www.spencerfane.com
Yarbrough also represented Doe 1 and Doe 2.
How do we help fund them?
I am the only person in the U.S to have filed a lemon law claim and showed up to the hearing without a lawyer. (At the time I do not know about currently) When GM got the court proceeding paperwork claiming I would not be paying for a lawyer, they literally laughed me out of the court room and asked for a re-hearing.
I filed again with no lawyer and on the day of the hearing, I came into the room and there was just me and the moderator. He commenced to tell me that no one from GM would be coming and would be with us via video conference.
He (The moderator) stated he was a neutral party but wanted to explain that GM was so confident that I would lose the case without representation, that they did not feel a need to waste time and money to travel to the hearing.
A knock at the door was the judge and he sat near the moderator, who again was a neutral party. The judge asked me one more time if I wanted to have a lawyer, and again I stated that I was an honest person and would tell the truth and had adequate evidence to substantiate my claims.
I should add that I was on the registry when this happen but I did not bring that up nor was I asked about it. I was given questions by the moderator, GM’s 8 officials (Via video conference) and experts and the judge. After two hours of testimony, evidence etc. I was told that a decision would be made sometime between 2 and 6 weeks.
About 3 weeks later I got a signature required legal packet that I signed for and read. It was just one sheet of paper which is usually bad news. It stated that after careful consideration and overwhelming evidence I had provided, that GM was ordered to take back my defective car and replace it with a brand new current model at no charge to me.
I know this was not a criminal matter, but there are people who can go up against giants and still prevail without a lawyer. The good thing about my case, if I had won with a lawyer, I would have had to pay him $5200.00 and even if I lost. That was way back in the 1990s.
My point is, these guys (assuming it is guys) were not afraid to challenge the registry and also probably they did not have the money to do so.
I always remember when you lose a case like I did when I was sent to prison, the lawyer gets a fat check either way just for showing up to court to say two or three words to the judge.
Prayers for these guys to give them wisdom, knowledge and favor with the judges.
If I wore a hat, it would be off to you Cherokee. Perhaps you should change your moniker from CherokeeJack to Jack-the-giant-killer. I am not well liked among the federal prosecutors in this district, in that I made them eat a bit of crow, perhaps the whole bird.
From federal prison, I wrote a pro se 2255 (habeas) motion and had a sex crime conviction vacated due to “actual innocence.” What I’d admitted to doing was not actually a crime; the elements of a crime being what they are. I find it impossible to believe that the prosecutors weren’t aware of that at the time, because it only took about 3 weeks for them to admit I was right. I think experienced defense lawyers can become fixated on cutting a plea deal rather than defending the client. As my buddy Dave once said, “The criminal justice system ain’t broken. It’s fixed.”
Congratulations again on your perserverence and your win.
Ed
First off, thank you for the kind words.
Secondly, I only became this unstoppable beast after going to prison. For some, prison ruins them mentally, for me it turned me into a “Can’t say no” type of person. In other words, when someone tells me “No that cannot be done” I prove them wrong.
Although I did do some things that were illegal, the prosecutor “Packed” my charges. I later learned this is done so plea deals can be made before a trial. My Lawyer was/is the nicest man you could ever meet, but nice was NOT what I needed in a lawyer going against a prosecutor who was friends with the judge who sentenced me.
No trial occurred, no deals were made, I was charged with everything and for a first time offender I got a 30 year sentence. It took me years of fighting to finally get a break. Ironically, the same lawyer had matured in experience enough to get me before the right appeals judge to get the remaining part of my sentence tossed.
I was ok with the time I did as it made me into a go getter instead of a nice young yes man. Yes I am still a nice young man but now I do not back down at the first sign of trouble. When I am attacked with a pencil (metaphorically) I hit back with a Bazooka. No tit for tat with me.
I have had a lot of wins since my prison sentence, but have also had my fair share of losses as well. And as time goes by without any issues from me, you would think like on probation, you would get a little trust that just maybe you are a decent person after all. But no, we might as well be back when we were arrested, since we all can relate the registry to probation on many levels.
Having said that, believe it or not, I have become a very private person. I do not like the spotlight shined on me nor my family. I kept up the entire time with the guy on the registry who kept getting arrested and still didn’t go to prison and kept saying to myself, “This guy has the luck of the Irish”. Now he finally got prison again but he was constantly in the news. Not going to say his name but he was a former cop them opened his own security company and also did funeral escorts. He seemed to thrive on the exposure.
I am 1000 degrees opposite of that guy. If I am going to have my 10 minutes of fame I do not want it to be something that is going to shine a bad light on me nor my family. We are a peaceful people, but like a cornered animal, we can bite back when necessary.
I decided to turn my anger into resolve to fight unfairness or abuses of authority when it is not entlrely a lost cause. No sense falling of one’s own sword. A couple of weeks ago, I politely reminded a couple of deputies that residence checks were not required by and might even be precluded by my state’s law. A small thing. But those in authority cannot be allowed to stray outside that authority. I consider such resistance to be a duty of citizenship.
In doing such things, it is critical to be standing on firm legal ground. Bruised authoritarian egos can be very vindictive.
With both of these being indigent cases,I hope this isn’t more court dirty dealing . The courts love to deliberately hear cases that are poorly put together, or frivolous and to use them as “landmark cases” to later ignore cases that have strong merit and are harder to refute..
Obvious
That is so true but can also happen with lawyer written cases. There are lawyers out there who take Sex offense cases but also do auto injury, dog bites, will prepare your will, and their Uncle Louie will give you a discount on car repair.
I got taken by a lawyer on an injury case. I hadn’t heard from them in two years and they said “Oh you are suppose to contact us we thought you changed your mind so we closed your case”. Well guess what, I hired a new lawyer who found out the business paid the claim and the previous lawyer took the money. I will not say the name of the previous lawyer but he is on tv all the time.
With the new lawyer, I ended up getting a check within 2 weeks. I asked the new lawyer about sanctions on the other lawyer and his exact words were “You need to let it go, you got your money, do not stir up bees”. Wow, A lot of people who deserve to be in prison but get away with screwing people over. The new lawyer also said they probably did that to me because I was a convicted sex offender and “Gave you what they thought you deserved” and that was to be screwed over and get nothing.
On a side note, the original law firm called me two weeks later demanding I pay $120 in paperwork fees and I told them I was filing a complaint with the Florida bar for stealing my money the first time unless you drop the fees. An hour later the head attorney called and said he would “Write it off this time”.
You should file a bar complaint anyway. Pretty sure they are obligated to find you if there is a settlement. Reasonably sure there’s also an ethics rule about accepting a settlement without your consent.
Reach out to Narsol. Maybe they will take up the cases
Tennessee is in the 6th circuit (same as Michigan where I am). Back when I discharged from prison, I was arrested for (escape) 74 days later. I sat in jail for several days without ever being charged, then summarily returned to prison without a trial. I had no idea why this was happening and no one could or would tell me anything. I eventually was able to get some info from my original sentencing judge. Basically the MDOC had sent him a letter before I was released stating that the sentence he had imposed should have run consecutive to a previous sentence (which I had discharged from parole on) because the MDOC claimed my current offense was committed while I was on parole.
The judge summarily issued an amended judgment of sentence reinstating the previous sentence (which he did not originally sentence me on) and made my current sentence (which I had already discharged from) consecutive. It basically said I had to serve another 22 years.
Talk about due process violations!!!
Long story short, I hit the prison law library and after finding case law I needed, I filed a writ of habeas corpus, in pro se. I was offered an attorney, but I declined because I was confident that I did my homework and could represent myself better than anyone else. The entire procedure from the time I was unlawfully arrested until the day my habeas corpus was heard was just over 2 years. The judge did grant my habeas corpus and I walked out of the courtroom a free man. The judge even asked me if an attorney had helped me write my petition, which I did all on my own, and stated it was one of the most well written and concise motion he had ever read.
I filed a civil rights lawsuit in pro se against the MDOC for multiple constitutional violations and ended up settling out of court for a very nice settlement, which I cannot legally disclose.
I’m not an attorney, but I’m extremely knowledgeable in law pertaining to Michigan and the 6th Circuit. If these guys end up in the 6th circuit court, I would be more than happy to assist these guys in any way I can.
Disgusted
First off, props for the win. Secondly here is my take on this. Lawyers are in it for the money. They get paid regardless if they win or lose. I am not saying all lawyers could care less because if you get a reputation of constant losses, you won’t last long and will end up disbarred.
But, what I am saying is WE have a lot more stake in the win/lose game that the lawyers who get paid either way. They are not the ones doing the prison time and may give a “I’m sorry we will get them next time” reply. We are fighting for our lives and put a passion into the effort like nothing seen since Noah Built the ark.
Also as a note, glad the judge was a decent person and didn’t just deny you or automatically agree with the other courts. My lawyer told me sadly, some judges never even read some of these papers and just automatically deny them as they could care less and just want to get them off their docket.
I would award you the Cherokee Nations Highest honor but I do not have that authority LOL. So a virtual blue ribbon will have to do 🙂
Do you consult with registrants or inmates who may need advice or guidance?
Dennis, yes, I do. But its not really advise I give, but opinions which are backed up by case law. I’m not an attorney and have no formal schooling in law, and my area is in constitutional and civil rights law only, not criminal.
I mainly try to steer people in the right direction who otherwise would have no clue how to proceed with a case.
Its all voluntary with no pay because I enjoy it.
To Disgusted
I do not know you, but just by reading what you wrote, my gut feeling is you really care about helping others. That is a great trait to have.
Bless you my friend