Daniels v. Allen Speller v. Allen Brown v. Allen United States Smith v. Baldi
| Citation | 97 L.Ed. 469,73 S.Ct. 437,344 U.S. 443 |
| Decision Date | 09 February 1953 |
| Docket Number | Nos. 20,22,31 and 32,s. 20 |
| 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 | United States 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 disposition of such an application in a district court.
* Mr. Justice Frankfurter's opinion on this issue expresses the position of the majority, see 344 U.S. 450—453, 73 S.Ct. pp. 404, 405 (Syllabus paragraphs 3—8).
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... 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......
30 books & journal articles
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Possible Reliance: Protecting Legally Innocent Johnson Claimants.
..."Bite," 91 CORNELL L. REV. 259, 284 (2006) (finding that 1 percent of state habeas claimants were successful); see also Brown v. Allen, 344 U.S. 443, 537 (1953) (Jackson, J., concurring) (noting the possibility of a predisposition against habeas petitions given the small proportion that are......
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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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Harrington's wake: unanswered questions on AEDPA's application to summary dispositions.
...v. Sykes, 433 U.S. 72, 84-87 (1977) (procedural default). (5.) See Cuyler v. Sullivan, 446 U.S. 335, 341 (1980). (6.) See Brown v. Allen, 344 U.S. 443, 459 (1953); see also Miller v. Fenton, 474 U.S. 104, 112 (1985); Cuyler, 446 U.S. at 341 (holding that under the pre-AEDPA version of [sect......
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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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