Ed Johnson, a black man, had been convicted in Hamilton County, Tennessee, of the rape of a white woman on February 11, 1906 and sentenced to death. On March 3, 1906, Johnson filed a writ of "habeas corpus", alleging that his constitutional rights had been violated. Specifically, he alleged that all blacks had been systematically excluded from both the grand jury considering the original indictment against him and the trial jury considering his case. He further argued that he had been substantively denied the right to counsel, as his lawyer had been too intimidated by the threats of mob violence to file motions for a change of venue, a continuance, or a new trial, all of which could be reasonably expected under the circumstances. Johnson asserted he was thus about to be deprived of his life without due process.