Ex parte Bollman and Ex parte Swartwout
Citation | 8 U.S. 75,2 L.Ed. 554,4 Cranch 75 |
Parties | EX PARTE BOLLMAN AND EX PARTE SWARTWOUT |
Decision Date | 01 February 1807 |
Court | United States Supreme Court |
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Jefferson v. Berkebile
...look to the common law for the scope and application of the writ. Carbo, 364 U.S. at 614, 81 S.Ct. 338 (citing Ex parte Bollman, 8 U.S. (4 Cranch) 75, 94, 2 L.Ed. 554 (1807)). Following from its common law roots, habeas corpus remains, "at its core, an equitable remedy." Schlup v. Delo, 513......
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State v. Preciose
...innocence or guilt, but solely the question whether their constitutional rights have been preserved"); Ex parte Bollman, 8 U.S. (4 Cranch) 75, 101, 2 L.Ed. 554, 563 (1807). As Justice Stevens observed, the Court's inquiry into innocence "goes a long way toward eliminating the distinction, i......
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Shuler v. Wainwright
...the writ of habeas corpus can best be demonstrated by a passage from the December 16, 1971, memorandum. (See Ex parte Bollman, 8 U.S. (4 Cranch) 75 at 95, 2 L.Ed. 554 (1807); Cf. Peyton v. Rowe, 391 U.S. 54 at 58, 88 S.Ct. 1549, 20 L.Ed.2d 426 Respondents' memorandum provides at p. 11: Doub......
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Patterson v. State
...explained that "for the meaning of the term habeas corpus , resort may unquestionably be had to the common law." Ex parte Bollman , 8 U.S. 4 Cranch 75, 93–94, 2 L.Ed. 554 (1807).¶107 As in England, even after states passed habeas legislation, the common law writ was not supplanted. Thus, al......
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3 books & journal articles
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Clean Air Act Section 115: Is the IPCC a 'Duly Constituted International Agency'?
...The Federalist Theory of Representation and the Sedition Act of 1798 , 66 U. CHI. L. REV. 117, 132, 137 (1999). 47. Ex parte Bollman , 8 U.S. 75, 115 (1807) (Marshall, C.J.) (“But if the constituted authorities of the United States should be suppressed but for one hour, and the territory of......
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Table of Cases
...838 Bolling v. Sharpe, 347 U.S. 497, 74 S.Ct. 693; 98 L.Ed. 884 (1954), 565, 1083-84, 1111, 1121 Bollman, Ex parte, 8 U.S. (4 Cranch) 75, 2 L.Ed. 554 (1807), 581, 1042 Bombardier Corp., United States ex rel. Totten v., 380 F.3d 488 (D.C. Cir. 2004), 1620 Booker, United States v., 543 U.S. 2......
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CHAPTER 10 SUCCESSIVE PETITIONS
...recognized that "the power to award the writ by any of the courts of the United States, must be given by written law," Ex parte Bollman, 8 U.S. 75 (1807), and we have likewise recognized that judgments about the proper scope of the writ are "normally for Congress to make." Lon-char v. Thoma......