Jerry Wayne Morgan
Third Appellate Appeal

   The following case was the authority used for the preparation of the Supplemental Brief for prisoner Jerry Wayne Morgan, who was in prison without any ability to prepare a legal brief in the short time allowed 30 days, with an extension of 30 days granted by the Court.  The Supplemental Brief was prepared for the Third Appellate Court, by laymen under the authority of Johnson v. Avery , 393 U.S. 483 (1969), which states as follows:

MR. JUSTICE DOUGLAS, concurring.

        "We think of claims as grist for the mill of the lawyers. But it is becoming abundantly clear that more and more of the effort in ferreting out the basis of claims and the agencies responsible for them and in preparing the almost endless paperwork for their prosecution is work for laymen. There are not enough lawyers to manage or supervise all of these affairs; and much of the basic work done requires no special legal talent. Yet there is a closed-shop philosophy in the legal profession that cuts down drastically active roles for laymen. It was expressed by a New York court in denying an application from the Neighborhood Legal Services for permission to offer a broad legal-aid type of service to indigents:

         . . .That traditional, closed-shop attitude is utterly out of place in the modern world where claims pile high and much of the work of tracing and pursuing them requires the patience and wisdom of a layman rather than the legal skills of a member of the bar. The plight of a man in prison may in these respects be even more acute than the plight of a person on the outside. He may need collateral proceedings to test the legality of his detention or relief against management [393 U.S. 483, 493] of the parole system or against defective detainers lodged against him which create burdens in the nature of his incarcerated status. He may have grievances of a civil nature against those outside the prison. . ."

        The following are the Supplemental Brief, and the Third Appellate Opinion, dated July 16, 2001; and Opinion on Rehearing dated August 30, 2002:

A Drawing from High Desert

 Supplemental Brief

July 16, 2001
 Third Appellate - Opinion

August 30, 2001
 Opinion on Rehearing

FindLaw Depublished Morgan Case

Three Strikes: Real Justice?

Complaint Against Attorney

In the Hole - Morgan beaten by guards

Control Unit Prisons [SHU]

Living Like Animals in a Cage

 The American Mainstream Strikes Back

Third-Strike Inmate Wins Release - Los Angeles

 Morgan Released

(United for No Injustice, Oppression or Neglect)

The Attorney General of California requested that it this be heard by the California Supreme Court. 

California Supreme Court refused to hear the above request for rehearing by the Attorney General on December 12, 2001.  California Case "#S101311, Jerry Wayne Morgan, Appellant. Petition for review DENIED.  The Reporter of Decisions is directed not to publish in the Official Appellate Reports the opinion in the above-entitled appeal, filed August 30, 2001, which appears at 91 Cal.App.4th  1324.  (Cal. Const., art. VI, section 14; rule 976, Cal. Rules of Court.)"  Taken from Supreme Court website.

Mr. Morgan has been returned to Shasta  County Jail, with the Trial Readyness Conference on February 25, 2002 at the Justice Center, Dept. 1.  Continued to March 18, 2002 at 9:00 a.m.

Stay tuned.

 Story of Case

Background Letter

  Letter to Correctional Case Records Administrator

Issue of the Unpublished Case

 Circuit Sticks to Its Opinion Policy

 Practicalities of Unpublished Decisions - New Jersey Law Journal

 Rules for Publication of Appellate Opinions

Code of Silence

 Break the Code of Silence

Code of Silence



 Three Strikes Index

Updated August 5, 2008