No. 19-7229

Asata D. Lowe v. Mike Parris, et al.

Lower Court: Tennessee
Docketed: 2020-01-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment appellate-procedure civil-procedure civil-rights constitutional-rights due-process procedural-due-process property-interest state-action state-court-procedure subject-matter-jurisdiction substantive-due-process
Key Terms:
DueProcess FourthAmendment Trademark Privacy
Latest Conference: 2020-05-01 (distributed 2 times)
Question Presented (AI Summary)

Does the Petitioner have a property interest in Rule 13 and 36 of the Tennessee Rules of Appellate Procedure and the Right to relief secured by the 14th Amendment to the U.S. Constitution; and was the Petitioner denied these rights, without due process of law

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW I Does the Petitioner have a property interest in (1) Rule 13 and 36 of the Tennessee Rules of Appellate Procedure and the (2) Right to relief secured by the 14" Amendment to the U.S. Constitution; and was the . Petitioner denied these rights, without due process of law, when the Tennessee Court’s were silent on the , issue of “Does the Petitioner have a constitutionally protected liberty and/or property interest in the (1) indefeasible right of personal security, personal liberty, and private property, (2) right to be heard by . himself and by counsel, (3) right to assistance of counsel from time of arraignment until beginning of trial for purpose of consultation, investigation, and preparation for trial, (4) right not to be compelled to give evidence against himself, (5) freedom from unreasonable searches and seizures, (6) freedom from , invidious discrimination, (7) right to generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by freemen, (8) freedom from cruel and unusual punishments, (9) right of each individual to a private enclave where he may lead a private life, (10) right to take, hold, and dispose of property either real or personal, (11) Freedom of action and movement, (12) freedom from bodily restraint and punishment, (13) right of privacy, (14) right to be let alone, (15) T.C.A. § 39-13-302 (False imprisonment), (16) right to come to the seat of government to assert any claim he may have upon that government, to transact any business he may have with it, to seek its protection, to share its offices, to engage in administering its functions, the right of free access to its seaports, through which all operations of foreign commerce are conducted, to the sub treasuries, land offices, and courts of justice in the several States, (17) right to enjoyment of life and liberty, the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, (18) right to pass through, or to reside in any other state, for purposes of trade and commerce, agriculture, professional pursuits, or , otherwise, to claim the benefit of the writ of habeas corpus, to institute and maintain actions of any kind in the courts of the state, and an exemption for higher taxes or impositions than are paid by the other . citizens of the state, the elective franchise, as regulated and established by the laws or constitution of the state in which it is to be exercised, (19) right to pursue my profession without the imposition of unequal 2 or discriminatory restrictions, (20) right to demand the care and protection of the Federal government over his life, liberty, and property when on the high seas or within the jurisdiction of a foreign government, (21) right to peaceably assemble and petition for redress of grievances, the privilege of the writ of habeas corpus, the right to use the navigable waters of the United States, however they may penetrate the territory of the several States, 22) inviolability of the person and the inestimable right of personal security, (23) Freedom to assert the supremacy of one’s own will and rightfully dispute the authority of any human ; government, especially the state and federal government existing under a written constitution, to interfere with the exercise of that will, (24) right to contract engaging in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of my own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men, and (25) right not to be hailed into court at all upon the felony charge, secured by Article 1 § 8 cl. 3 and Article 4 § 2 of the Federal Constitution, the 4th, Sth, 6th, 13th, and 14th Amendments to the United States Constitution, and Did each defendant conspire, under color of state

Docket Entries

2020-05-04
Rehearing DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-27
Petition for Rehearing filed.
2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-01-23
Waiver of right of respondent Blount County Sherrif's Office to respond filed.
2020-01-16
Waiver of right of respondents Warden Mike Parris, Tennessee Department of Correction to respond filed.
2020-01-14
Waiver of right of respondents Assistant District Attorney Edward P. Bailey, Kirk E. Andrews, Blount Coutny District Attorney's Office to respond filed.
2020-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 10, 2020)

Attorneys

Asata Lowe
Asata D. Lowe — Petitioner
Asata D. Lowe — Petitioner
Assistant District Attorney Edward P. Bailey, Kirk E. Andrews, Blount Coutny District Attorney's Office
Laura MillerTennessee Attorney General's Office, Respondent
Laura MillerTennessee Attorney General's Office, Respondent
Blount County Sherrif's Office
Craig L. GarrettCraig L. Garrett, Attorney at Law, PLLC, Respondent
Craig L. GarrettCraig L. Garrett, Attorney at Law, PLLC, Respondent
Warden Mike Parris, Tennessee Department of Correction
Thomas J. AumannState of Tennessee, Office of the Attorney General, Respondent
Thomas J. AumannState of Tennessee, Office of the Attorney General, Respondent