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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

Conference history
Distributed for 2 conferences

Proceedings

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