Daniels v. Allen Speller v. Allen Brown v. Allen United States Smith v. Baldi
| Decision Date | 09 February 1953 |
| Docket Number | Nos. 20,22,31 and 32,s. 20 |
| Citation | Daniels v. Allen Speller v. Allen Brown v. Allen United States Smith v. Baldi, 344 U.S. 443, 73 S.Ct. 437, 97 L.Ed. 469 (1953) |
| Parties | Bennie DANIELS and Lloyd Ray Daniels, Petitioners, v. Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. Raleigh SPELLER, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of North Carolina, Raleigh, North Carolina. Clyde BROWN, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. UNITED STATES of America, ex rel. James SMITH, Petitioner, v. Dr. Frederick S. BALDI, Superintendent of the Philadelphia County Prison |
| Court | U.S. Supreme Court |
The course of litigation in these cases and their relevant facts are set out in Mr. Justice REED's opinion.This opinion is restricted to the two general questions which must be considered before the Court can pass on the specific situations presented by these cases.The two general problems are these:
I.The legal significance of a denial of certiorari, in a case required to be presented here under the doctrine of Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, when an application for a writ of habeas corpus thereafter comes before a district court.*
II.The bearing that the proceedings in the State courts should have on the...
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245 cases
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Hines v. Carpenter
... ... Case No. 3:05-0002 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ... Alcorn v. Smith , 781 F.2d 58, 60 (6th Cir. 1986). Even prior to ... Latent Fingerprints (#17) contained in one brown paper bag with several paper items recovered from ... 414, 444 (1944); accord Brown v. Allen , 344 U.S. 443, 485-86 (1953) (procedural default ... ...
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Walker v. Epps
... ... 1:97CV29KS UNITED STATES DISTRICT COURT FOR THE SOUTHERN ... Brown v. Allen, 344 U.S. 443, 533 (1953) (Jackson, J., ... state court decision is final); see also Smith v. Spisak, 130 S. Ct. 676, 681 (2010) ... ...
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Cotto v. Fischer
... ... 09 CV. 9813 (SAS)(MHD) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW ... Briecke further testified to searching the brown fanny pack seen by UC 5550, which was found in ... 1, 16 (1984), and quoting Brown v. Allen , 344 U.S. 443, 486 (1953)). A petitioner may ... See , e.g. , Harrison v. Smith , 2011 WL 3370391, *10 (S.D.N.Y. July 14, 2011) ... ...
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Belton v. Blaisdell
... 559 F.Supp.2d 128 ... 2008 DNH 070 ... Allen T. BELTON ... Larry BLAISDELL, Acting Warden, ... Civil No. 04-cv-270 ... United States District Court, D. New Hampshire ... 2497, 53 L.Ed.2d 594 (1977); Brown v. Allen, 344 U.S. 443, 486-487, 73 S.Ct, 397, ... ...
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1 firm's commentaries
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Lessons From The Recent Supreme Court Term: Ordinary Rules Apply In Patent Cases
...would also be reversed. We are not final because we are infallible, but we are infallible only because we are final." Brown v. Allen, 344 U.S. 443, 540 (1953)(Jackson, J., concurring). Finality, which imposes closure and legal, doctrinal uniformity, represents one of the cardinal virtues of......
28 books & journal articles
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THE REASONABLENESS OF THE "REASONABLENESS" STANDARD OF HABEAS CORPUS REVIEW UNDER THE ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996.
...Origins of Broad Federal Habeas Corpus Review Reconsidered, 70 NOTRE DAME L. REV. 1079, 1154-56 (1995) (arguing to the contrary). (4.) 344 U.S. 443 (5.) Id. at 422. (6.) See infra notes 149-218 and accompanying text. (7.) See supra note 3. (8.) Act of Sept. 24, 1789, ch. 20, 1 Stat. 73 ("An......
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The future of Teague retroactivity, or "redressability," after Danforth v. Minnesota: why lower courts should give retroactive effect to new constitutional rules of criminal procedure in postconviction proceedings.
...S. Ct. 1029, 1036-38 (2008), which (as I point out below, see infra note 262, and accompanying text) engages in some revisionism. (18.) 344 U.S. 443 (19.) See Danforth, 128 S. Ct. at 1036. (20.) Id. n.7. (21.) Frank v. Magnum, 237 U.S. 309, 335-36 (1915) (holding that factual determinations......
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Finality, Comity, and Retroactivity in Criminal Procedure: Reimagining the Teague Doctrine After Edwards v. Vannoy.
...(per curiam) (denying relief but recognizing a due process violation where the prosecution knowingly used perjured testimony). (48.) 344 U.S. 443, 463-65 (1953). Legal scholars disagree over whether Brown constituted a dramatic expansion of the writ of habeas corpus or if it was merely conf......
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Error-Centricity, Habeas Corpus, and The Rule of Law as The Law of Rulings
...at 7). [12] William Blackstone, 3 Commentaries on the Law of England 136 (1770) (cited in Duker, supra note 6, at 7). [13] Brown v. Allen, 344 U.S. 443, 512, 73 S. Ct. 437, 449 (1953) (Frankfurter, J., [14] U.S. Const. art. 1, � 9, cl. 2. [15] Ex parte Mccardle, 73 U.S. (6 Wall) 318, 326 (1......
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