Commonwealth of Pennsylvania v. Maroney
| Decision Date | 20 February 1963 |
| Citation | 314 F.2d 339 |
| Parties | COMMONWEALTH OF PENNSYLVANIA ex rel. John W. RICKS, Petitioner, v. James F. MARONEY, Superintendent State Correctional Institution. Undocketed. |
| Court | U.S. Court of Appeals — Third Circuit |
John W. Ricks, pro se.
Richard E. McCormick, Dist. Atty., Greensburg, for respondent.
Before KALODNER, STALEY and SMITH, Circuit Judges.
This matter is before the court on a petition for a certificate of probable cause, 28 U.S.C. § 2253, and for leave to appeal in forma pauperis, 28 U.S.C. § 1915(a). The petition was lodged with the Clerk of this Court on January 22, 1963, and seeks leave to appeal from an order entered by the district court on December 19, 1962. The time for appeal having expired before the petition was so lodged, a certificate of probable cause may not issue. Ex parte Farrell, 1 Cir., 189 F.2d 540, cert. den. Farrell v. O'Brien, (1951) 342 U.S. 839, 72 S.Ct. 64, 96 L.Ed. 634. The petition will be dismissed.
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Fitzsimmons v. Yeager
...issuance of a certificate of probable cause is a condition precedent to the perfection of an appeal. In Commonwealth of Pennsylvania ex rel. Ricks v. Maroney, 314 F.2d 339 (3 Cir.), cert. denied sub nom. Ricks v. Maroney, 374 U.S. 816, 83 S.Ct. 1711, 10 L.Ed.2d 1039 (1963), another panel de......
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United States v. Maroney
...appeal and that the certificate of probable cause and stay of execution were improvidently granted". In Commonwealth of Pennsylvania ex rel. Ricks v. Maroney, 3 Cir., 314 F.2d 339 (1963), cert. den. sub nom. Ricks v. Maroney, 374 U.S. 816, 83 S.Ct. 1711, 10 L.Ed.2d 1039, we held that where ......
- Underwriters Insurance Company v. Groner, 19872.