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A Turn of the Century Lynching that Launched 100 Years of Federalism


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This is the story of Noah Parden's historic and heroic appellate representation of a young black man wrongly convicted of murder in Chattanooga, TN in 1906. The case had the first federal habeas petition from a state criminal case to the U.S. Supreme Court after the state court refused to intervene.  When local officials and a mob took the law into their own hands in opposition to the Supreme Court’s stay of execution, the U.S. Attorney General, at the instruction of the Supreme Court, arrested the local sheriff, six deputies, and the leaders of the mob. This led to the only criminal trial ever held in the history of the US Supreme Court. 

This story is a reminder of what it means to be a lawyer. Famed trial lawyer Michael Tigar claims that Parden is the father of the modern day federal habeas practice. The story is also a reminder of the importance for the rule of law, which was significantly in jeopardy throughout the South in 1906. It shines a light on a politically motivated judge who was up for re-election, and who issued rulings to appease local citizens. This exemplifies the need for zealous advocacy, even when the client is unpopular. Finally, and most importantly, this is a story that shows how two unknown lawyers can make a difference.


Faculty Members:

Hon. John E. Jones, III (Moderator)

Mark Curriden

Kathryn Kase

Craig M. Watkins

Duration: 60 minutes, 57 seconds
Credit Hours: 1.0 Hours in a 60-Minute State, 1.2 Hours in a 50-Minute State
Recorded from a live program on June17, 2009

MCLE credit is subject to each state's regulations. Some states do not approve online courses for MCLE credit or do not approve online courses for specialty credit such as ethics credit or have specific rules regarding who may earn credit or the maximum number of credit hours that may be earned through online CLE. Please contact your state if you have any questions.

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