Daniels v. Allen Speller v. Allen Brown v. Allen United States Smith v. Baldi, Nos. 20
| Court | United States Supreme Court |
| Writing for the Court | FRANKFURTER. |
| Citation | 97 L.Ed. 469,73 S.Ct. 437,344 U.S. 443 |
| 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 |
| Docket Number | Nos. 20,22,31 and 32 |
| Decision Date | 09 February 1953 |
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.
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).To continue reading
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232 practice notes
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State v. Haynes, No. 34735
...apart from the confession, was sufficient. Payne v. State of Arkansas, 356 U.S. 560, 78 S.Ct. 844, 2 L.Ed.2d 975; Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 73 S.Ct. 437, 97 L.Ed. 469; Malinski v. People of State of New York, 324 U.S. 401, 65 S.Ct. 781, 89 L.Ed. 1029; Lyons v. State of Okl......
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In re Reno, S124660
...must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search." (Brown v. Allen (1953) 344 U.S. 443, 536, 537 (conc. opn. of Jackson, J.).) With this background in mind, we conclude a petitioner's failure, in a second or successive habeas ......
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State v. Guzman, No. 17716
...by a majority of the Court, there were not four [three] members of the Court who thought the case should be heard.' Daniels v. Allen, 344 U.S. 443, 492, 73 S.Ct. 437, 439 [97 L.Ed. 469] State v. Prestwich, 116 Idaho 959, 965, 783 P.2d 298, 304 (1989) (Bistline, J., specially concurring). PA......
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Lisker v. Knowles, No. CV 04 02687 VAP(RZ).
...72, 78, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977) (noting that 1868 statute allowed the review of state court convictions); Daniels v. Allen, 344 U.S. 443, 499, 73 S.Ct. 437, 97 L.Ed. 469 (1953) (mem.) (Opinion of Mr. Justice Frankfurter), overruled in part on other grounds in Fay v. Noia, 372 U......
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220 cases
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State v. Haynes, No. 34735
...apart from the confession, was sufficient. Payne v. State of Arkansas, 356 U.S. 560, 78 S.Ct. 844, 2 L.Ed.2d 975; Brown v. Allen, 344 U.S. 443, 73 S.Ct. 397, 73 S.Ct. 437, 97 L.Ed. 469; Malinski v. People of State of New York, 324 U.S. 401, 65 S.Ct. 781, 89 L.Ed. 1029; Lyons v. State of Okl......
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In re Reno, S124660
...must search a haystack for a needle is likely to end up with the attitude that the needle is not worth the search." (Brown v. Allen (1953) 344 U.S. 443, 536, 537 (conc. opn. of Jackson, J.).) With this background in mind, we conclude a petitioner's failure, in a second or successive habeas ......
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State v. Guzman, No. 17716
...by a majority of the Court, there were not four [three] members of the Court who thought the case should be heard.' Daniels v. Allen, 344 U.S. 443, 492, 73 S.Ct. 437, 439 [97 L.Ed. 469] State v. Prestwich, 116 Idaho 959, 965, 783 P.2d 298, 304 (1989) (Bistline, J., specially concurring). PA......
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Lisker v. Knowles, No. CV 04 02687 VAP(RZ).
...72, 78, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977) (noting that 1868 statute allowed the review of state court convictions); Daniels v. Allen, 344 U.S. 443, 499, 73 S.Ct. 437, 97 L.Ed. 469 (1953) (mem.) (Opinion of Mr. Justice Frankfurter), overruled in part on other grounds in Fay v. Noia, 372 U......
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13 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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Administering the National Environmental Policy Act
...(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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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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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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