Whether the Petitioner's constitutional rights were violated when the state court failed to appoint counsel for his appeal despite finding him indigent

No question identified. : Pursuant to U.S.Sup.Ct.Rule 39, the Petitioner, Mohamed A. Almahmmody, by and through his attorney, Mark Scruggs, U.S. Supreme Court Bar#308910, acting pro bono, moves this Court to allow him to file the attached Petition Sor Certiorari In Forma Pauperis. For cause, Petitioner states that he has been incarcerated since August, 2015, and is currently housed within the Tennessee Department of Corrections in Whiteville, Tennessee. Pursuant to Tennessee Supreme Court Rule 13, Petitioner was determined to be indigent and Counsel was appointed for him. (See attached motion and order). Petitioner has no property or assets and has been incarcerated since August, 2015. Therefore, Petitioner requests that he be allowed to file his petition in forma pauperis. Respectfully submitted, Z Scruggs, tN Bait 0pee U.S.Sup.Ct.#308910 95 White Bridge Road, Ste. 508 Nashville, TN 37205 (615) 352-8326 CERTIFICATE OF SERVICE Thereby certify that a true and exact copy of the foregoing has been mailed to Mr. Clark Thornton, Assistant Attorney General, P.O. Box 20207, Nashville, TN 37202 on this the 18" day of March, 2020. Mark C. Scruggs IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE DIVISION II RB PS STATE OF TENNESSEE ) Sy Q ) &. ff ‘ 17% vs. ) No. 2016-A-457 x fh Og ) Qe MOHAMED ALMAHMMODY ) eee ORDER DECLARING DEFENDANT INDIGENT FOR PURPOSES OF APPEAL, APPOINTMENT OF COUNSEL AND PRODUCTION OF TRANSCRIPT OF TRIAL Upon motion of the Defendant to declare him indigent for purposes of appeal, appointment of Counsel and production of trial transcript, the Court finds that pursuant to Tenn.R.Sup.Ct. 13, and the submission of his affidavit of indigency, the Defendant, Mohamed Almahmmody, is hereby declared to be indigent and Attorney Mark Scruggs is appointed to represent him on appeal. Further, a transcript of the trial of this matter shall be produced at the State’s cost. It is so ORDERED. je | , Entered this the | 7 day of , 2018. ANGELITA DALTON, JUDGE Approved for Entry: Le Mark Scruggs710103 Zz Attorney forDefendant 95 White Bridge Road, Ste.508 Nashville, TN 37205 (615) 352-8326 Certificate : Thereby certify that a copy of the foregoing has been forwarded to Ms. Amy Hunter and Mr. Joey Clifton, Assistant District Attorneys, Suite 500, 222 Second Avenue, North, Nashville, TN 37201 this the 12" day of July, 2018. Chi . 7 Mark C. Scréiggs ~ IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE=, DIVISION II _—_ STATE OF TENNESSEE ) \ = ) re) vs. ) No. 2016-A-457 a ) > MOHAMED ALMAHMMODY ) ca eee MOTION FOR ORDER DECLARING DEFENDANT INDIGENT FOR PURPOSES OF APPEAL AND REQUEST FOR TRANSCRIPT OF TRIAL are Pursuant to Tenn.R.Sup.Ct. 13, the Defendant, Mohamed Almahmmody, respectfully moves the Court to appoint his trial counsel, Mark Scruggs, to represent him on appeal and asks the Court to declare him indigent for purposes of obtaining a complete transcript of the trial of this matter, For cause, Defendant states that he has been incarcerated since August, 2015, and has no assets or income. Defendant has attached hereto his “Uniform Affidavit of Indigency” in accordance with said rule. Even though Defendant’s family retained Attorney Mark Scruggs to represent him at the trial court level, they are unable to do so on appeal. Defendant respectfully requests the Court to appoint Attorney Mark Scruggs to represent him on appeal and to order that a transcript of the trial be prepared for purposes of the appeal. Respectfully submitted, Z Cc. hes No_Mies Attorney for Defendant 95 White Bridge Road Suite 508 Nashville, TN 37205 615-352-8326 Certificate Thereby certify that a copy of the foregoing has been forwarded to Ms. Amy Hunter and Mr. Joey Clifton, Assistant District Attorneys, Suite 500, 222 Second Avenue, North, Nashville, TN 37201 this the 12" day of July, 2018. Mark C. Scruggs ~ IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE DIVISION II STATE OF TENNESSEE ; ) vs. Now OVE= VW, i? in 7 MOHAMED ALMAHMMODY STATE OF