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Westley A. Albright v. Tennessee

Paid petition · Supreme Court of Tennessee, Middle Division, No. M2016-01217-SC-R11-CD · judgment December 11, 2018

Certiorari denied · June 24, 2019

Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Supreme Court of Tennessee erred when it held, as a matter of first impression, that due process rights under the Fourth and Fourteenth Amendments are not violated by a trial court’s failure to provide actual notice to a criminal defendant that his subsequent admission of criminal intent to a treatment instructor will be a mandatory condition of his diversion following the entry of a nolo contendere plea?

Counsel of record

For petitioner
Timothy Valton Potter
Reynolds, Potter, Ragan & Vandivort, PLC

For respondent
Jonathan David Shaub
Office of the Tennessee Attorney General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, June 24, 2019 · Certiorari denied

Proceedings

Jun 24 2019
Petition DENIED.
Jun 04 2019
DISTRIBUTED for Conference of 6/20/2019.
May 20 2019
Brief of respondent State of Tennessee in opposition filed.
Apr 18 2019
Response Requested. (Due May 20, 2019)
Apr 10 2019
DISTRIBUTED for Conference of 4/26/2019.
Mar 21 2019
Waiver of right of respondent State of Tennessee to respond filed.
Mar 11 2019
Petition for a writ of certiorari filed. (Response due April 15, 2019)