324 U.S. 760 (1945), 212, White v. Ragen
|Docket Nº:||No. 212|
|Citation:||324 U.S. 760, 65 S.Ct. 978, 89 L.Ed. 1348|
|Party Name:||White v. Ragen|
|Case Date:||April 23, 1945|
|Court:||United States Supreme Court|
Argued March 29, April 2, 1945
CERTIORARI TO THE SUPREME COURT OF ILLINOIS
1. The petitions for habeas corpus in these cases sufficiently alleged violations of petitioners' rights under the Federal Constitution. P. 764.
2. This Court is unable to say that the refusal of the Supreme Court of Illinois to entertain the petitions for habeas corpus in these cases does not rest on an adequate nonfederal ground, and the writs of certiorari herein must be dismissed. P. 766.
3. In view of the practice adopted by the Supreme Court of Illinois, it follows that, whenever a petition originally filed in that court for a writ of habeas corpus is denied without opinion or other indication of the ground of its decision, and when the petition relies on allegations of fact to raise federal questions, it is unnecessary for the petitioner, in order to exhaust his state remedies, to apply to this Court for certiorari to review the judgment of the Supreme Court of Illinois. A denial of certiorari by this Court in such circumstances does not bar an application to a federal district court for the relief, grounded on federal rights, which the Supreme Court of Illinois has denied. But any other state remedies, if available, must be exhausted before any application to the federal district court. P. 767.
4. A petition for certiorari to review a judgment of the Supreme Court of Illinois denying an application for habeas corpus, which must be denied here because the decision of that court appears to rest on an adequate nonfederal ground, cannot be treated as a petition to review a decision of a lower court of the State which had denied an earlier application for habeas corpus, since the petition in the lower state court is not before this Court and its contents do not otherwise appear of record. P. 767.
Certiorari, 323 U.S. 704, to review judgments denying leave to file petitions for habeas corpus.
Per curiam opinion.
In these cases, petitioners moved in the Supreme Court of Illinois for leave to file their petitions for habeas corpus. Both petitioners are in the custody of respondent, under sentences upon state convictions. In each case, the Illinois court, without requiring an answer from respondent, without appointing an attorney to represent petitioners,
and without giving any reasons for its action, denied leave to file the petitions. We granted certiorari, in forma pauperis, 323 U.S. 704, because the petitions alleged facts showing prima facie violations of petitioners' rights guaranteed by the Federal Constitution, and in order to consider whether the Illinois affords corrective process for such violations of constitutional right.1 On application of the petitioners, counsel was appointed to represent them in this Court.
[65 S.Ct. 980] Petitioner White, in No. 212, alleged in his petition for habeas corpus that two indictments for "obtaining money and goods by means of the confidence game" were returned against him in the state Criminal Court; that the court, in advance of the trial, appointed counsel to represent petitioner, but that the person so appointed did not confer with petitioner until they came to court for the trial; that then counsel refused to do anything for petitioner unless petitioner had some money; that in particular petitioner
asked counsel to have one witness called in his behalf, but counsel replied that "he did not have time, as he had a case in another Court, and for me to plead guilty, as the Judge would not give me a continuance." The petition for habeas corpus further alleged that petitioner asked the trial judge "to continue the proceedings so he could have time to call a witness, and confer with his attorney;" that the judge then told petitioner "to keep still, as his lawyer would do all the talking for him," and "thereupon the attorney pleaded the petitioner guilty to two indictments," on which he was given sentences...
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