Chessman v. Teets
| Decision Date | 17 October 1955 |
| Docket Number | No. 196,196 |
| Citation | 350 U.S. 3,76 S.Ct. 34,100 L.Ed. 4 |
| Parties | Caryl CHESSMAN, Petitioner, v. Harley O. TEETS, Warden, California State Prison, San Quentin, California |
| Court | U.S. Supreme Court |
Petitioner applied to the United States District Court, Northern District of California, Southern Division, for a writ of hebeas corpus, claiming that his automatic appeal to the California Supreme Court from a conviction for a capital offense had been heard upon a fraudulently prepared transcript of the trial proceedings. The official court reporter had died before completing the transcription of his stenographic notes of the trial, and petitioner alleges that the prosecuting attorney and the substitute reporter selected by him had, by corrupt arrangement, prepared the fraudulent transcript. On the record before us, there is no denial of petitioner's allegations. The District Court, without issuing the writ or an order to show cause, dismissed the application as not stating a cause of action. 128 F.Supp. 600. The Court of Appeals affirmed the order of the District Court. 9 Cir., 221 F.2d 276. The charges of fraud as such set forth a denial of due process of law in violation of the Fourteenth Amendment. See Mooney v. Holohan, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791. Without intimating any opinion regarding the validity of the claim, we hold that in the circumstances disclosed by the record before us the application should not have been summarily dismissed. Accordingly, the petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court for a hearing.
The CHIEF JUSTICE took no part in the consideration or decision of this case.
To continue reading
Request your trial
-
Carmen, Application of
...the 9th Circuit Court of Appeals and Judge Goodman and directed that Chessman be given a hearing on his application (Chessman v. Teets, 350 U.S. 3, 76 S.Ct. 34, 100 L.Ed. 4). He was thereafter given a hearing by Judge Goodman who denied him any relief and Judge Goodman's decision was affirm......
-
United States v. LaVallee
...174 (9th Cir., 1952); cf. Machibroda v. United States, 368 U.S. at 494-495, 82 S.Ct. at 513-514, 7 L.Ed.2d 473; Chessman v. Teets, 350 U.S. 3, 76 S.Ct. 34, 100 L.Ed. 4 (1955); Chavez v. Dickson, 280 F.2d 727, 737-738 (9th Cir., 1960), cert. denied, 364 U.S. 934, 81 S.Ct. 379, 5 L.Ed.2d 366 ......
-
Chessman v. Teets
...in denying Chessman's petition for a rehearing. Chief Judge Denman persists in ignoring the opinion of the Supreme Court in 350 U.S. 3, 4, 76 S.Ct. 34, 35, which is not only the chart by which we must plot our course, but which marks the extreme limits of our jurisdiction in this Although t......
-
White v. Rhay
...November 6, 1951, and June 9, 1952), appealed; In re Chessman, 219 F.2d 162, affirmed 221 F.2d 276 (C.A.9th), reversed 350 U.S. 3, 76 S.Ct. 34, 100 L.Ed. 4 (1955); In re Chessman, 44 Cal.2d 1, 279 P.2d 24 (1955). (This was a state corpus application started after the federal habeas corpus r......
-
The Warren Court - After Three Terms
...of Reed and 42 Reece v. Georgia, 350 U.S. 85 (1955), and Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116 (1956). 43 Chessman v. Teets, 350 U.S. 3 (1955); Michel v. Louisiana, 350 U.S. 91 (1955); v. Illinois, 351 U.S. 12 (1956); Durley v. Mayo, no. 489, U.S. Sup. Ct., June 4, 1956; and U......
-
Political cycles of life and death: capital punishment as public policy in California.
...U.S. 915 (1952); cert. denied, 346 U.S. 916 (1953); reh'g denied, 347 U.S. 908 (1954); cert. denied, 348 U.S. 864 (1954); cert. granted, 350 U.S. 3 (1955); reh'g on narrow ground, 353 U.S. 928 (1957); remanded, 354 U.S. 156 (1957); habeas corpus denied, 359 U.S. 957 (1959); stay granted, 36......