Daniels v. Allen Speller v. Allen Brown v. Allen United States Smith v. Baldi

Decision Date09 February 1953
Docket NumberNos. 20,22,31 and 32,s. 20
Citation97 L.Ed. 469,73 S.Ct. 437,344 U.S. 443
PartiesBennie 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
CourtU.S. Supreme Court

Mr. Justice FRANKFURTER.

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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244 cases
  • Hines v. Carpenter
    • United States
    • U.S. District Court — Middle District of Tennessee
    • March 16, 2015
    ... ... 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 ... ...
  • Walker v. Epps
    • United States
    • U.S. District Court — Southern District of Mississippi
    • March 27, 2012
    ... ... 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) ... ...
  • Cotto v. Fischer
    • United States
    • U.S. District Court — Southern District of New York
    • August 23, 2012
    ... ... 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) ... ...
  • Belton v. Blaisdell
    • United States
    • U.S. District Court — District of New Hampshire
    • April 2, 2008
    ... 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
  • Lessons From The Recent Supreme Court Term: Ordinary Rules Apply In Patent Cases
    • United States
    • Mondaq United States
    • September 16, 2014
    ...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......
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  • Finality, Comity, and Retroactivity in Criminal Procedure: Reimagining the Teague Doctrine After Edwards v. Vannoy.
    • United States
    • Stanford Law Review Vol. 73 No. 6, June 2021
    • June 1, 2021
    ...(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......
  • Administering the National Environmental Policy Act
    • United States
    • Environmental Law Reporter No. 45-4, April 2015
    • April 1, 2015
    ...(Brandeis, J., dissenting) (“It is usually more important that a rule be settled, than that it be settled right.”), with Brown v. Allen, 344 U.S. 443, 540 (1953) (Jackson, Copyright © 2015 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org,......
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    • United States
    • Case Western Reserve Law Review Vol. 72 No. 3, March 2022
    • March 22, 2022
    ...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......
  • Possible Reliance: Protecting Legally Innocent Johnson Claimants.
    • United States
    • Michigan Law Review Vol. 119 No. 2, November 2020
    • November 1, 2020
    ..."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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