Why are not all motions and briefs available to the public on the Tennessee Court of Appeals website?
By John Gentry
In federal courts (although largely corrupted), ALL documents filed in a case are available to the public through the Public Access Court Record System, or PACER.
The image with my FB post of this matter is a screen shot from the court of appeals website and shows that my Appellant’s Brief and my Motion To Recuse or Disqualify ALL Appellate Court Judges are not available for public view.
Why is that?
The red PDF button in the image indicates documents that the public can download. Why aren’t all documents available for public download?
Justice cannot function in the dark.
The crucial prophylactic aspects of the administration of justice cannot function in the dark; no community catharsis can occur if justice is “done in a corner [or] in any covert manner.” Supra, at 567.
It is not enough to say that results alone will satiate the natural community desire for “satisfaction.” A result considered untoward may undermine public confidence, and where the trial has been concealed from public view an unexpected outcome can cause a reaction that the system at best has failed and at worst has been corrupted.
To work effectively, it is important that society’s criminal process “satisfy the appearance of justice,” Offutt v. United States, 348 U. S. 11, 14 (1954), and the appearance of justice can best be provided by allowing people to observe it. Richmond Newspapers, Inc. v. Virginia, 448 US 555 – Supreme Court 1980 (at 571 – 572)
If you want a copy of my Appellant’s Brief, email me email@example.com.
John A Gentry, CPA, is a constitutional Republican, campaigning as independent for
State Senate: District 18 Sumner & Trousdale Counties