Frisbie v. Collins, No. 331
| Court | United States Supreme Court |
| Writing for the Court | BLACK |
| Citation | 96 L.Ed. 541,72 S.Ct. 509,342 U.S. 519 |
| Decision Date | 10 March 1952 |
| Docket Number | No. 331 |
| Parties | FRISBIE v. COLLINS |
v.
COLLINS.
Mr. Edmund E. Shepherd, Lansing, Mich., for petitioner.
Mr. A. Stewart Kerr, Detroit, Mich., for respondent.
Mr. Justice BLACK delivered the opinion of the Court.
Acting as his own lawyer,1 the respondent Shirley Collins brought this habeas corpus case in a United States
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District Court seeking release from a Michigan state prison where he is serving a life sentence for murder. His petition alleges that while he was living in Chicago, Michigan officers forcibly seized, handcuffed, blackjacked and took him to Michigan. He claims that trial and conviction under such circumstances is in violation of the Due Process Clause of the Fourteenth Amendment and the Federal Kidnaping Act,2 and that therefore his conviction is a nullity.
The District Court denied the writ without a hearing on the ground that the state court had power to try respondent 'regardless of how presence was procured.' The Court of Appeals, one judge dissenting, reversed and remanded the cause for hearing. 6 Cir., 189 F.2d 464. It held that the Federal Kidnaping Act had changed the rule declared in prior holdings of this Court, that a state could constitutionally try and convict a defendant after acquiring jurisdiction by force.3 To review this important question we granted certiorari. 342 U.S. 865, 72 S.Ct. 112.
We must first dispose of the state's contention that the District Court should have denied relief on the ground that respondent had an available state remedy. This argument of the state is a little cloudy, apparently because of the state attorney general's doubt that any state procedure used could possibly lead to the granting of relief. There is no doubt that as a general rule federal courts should deny the writ to state prisoners if there is 'available State corrective process'. 62 Stat. 967, 28 U.S.C. § 2254, 28 U.S.C.A. § 2254. 4 As explained in Darr v. Burford, 339
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U.S. 200, 210, 70 S.Ct. 587, 593, 94 L.Ed. 761, this general rule is not rigid and inflexible; district courts may deviate from it and grant relief in special circumstances. Whether such circumstances exist calls for a factual appraisal by the court in each special situation. Determination of this issue, like others, is largely left to the trial courts subject to appropriate review by the courts of appeals.
The trial court, pointing out that the Michigan Supreme Court had previously denied relief, apparently assumed that no further state corrective process was available5 and decided against respondent on the merits. Failure to discuss the availability of state relief may have been due to the fact that the state did not raise the question; indeed the record shows no appearance of the state.6 The Court of Appeals did expressly consider the question exhaustion of state remedies. It found the existence of
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'special circumstances' which required prompt federal intervention 'in this case.' It would serve no useful purpose to review those special circumstances in detail. They are peculiar to this case, may never come up again, and a discussion of them could not give precision to the 'special circumstances' rule. It is sufficient to say that there are sound...
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...or "shocking to the conscience" as to constitute a deprivation of the defendant's Fifth Amendment due process rights. Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 511-12, 96 L.Ed. 541 (1952); Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886); United States v. Postal, 589 F.......
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...to the demanding state and not to the fugitive. Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225, 30 L.Ed. 421 (1886); Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541 (1952), rehearing denied, 343 U.S. 937, 72 S.Ct. 768, 96 L.Ed. 1344; U.S. ex rel. Fort v. Meiszner, 319 F.Supp. 693 (......
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Washington v. James, No. 525
...Court's final example which is grounded in the notion of miscarriage of justice. Justice Stevens wrote, referring to Frisbie v. Collins, 342 U.S. 519, 72 S.Ct. 509, 96 L.Ed. 541, reh'g denied, 343 U.S. 937, 72 S.Ct. 768, 96 L.Ed. 1344 (1952), that if "it is evident that a miscarriage o......
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