Smith v. United States
| Court | U.S. Supreme Court |
| Writing for the Court | WAITE |
| Citation | Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876) |
| Decision Date | 01 October 1876 |
| Parties | SMITH v. UNITED STATES |
ERROR to the Supreme Court of Washington Territory.
Mr. John J. McGilvra for the plaintiff in error.
Mr. Solicitor-General Phillips, contra.
It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render. In this case it is admitted that the plaintiff in error has escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear to submit to his sentence. If we reverse it and order a new trial, he will appear or not, as he may consider most for his interest. Under such circumstances, we are not inclined to hear and decide what may prove to be only a moot case.
This cause was docketed here Dec. 29, 1870. In due time a brief was filed on behalf of the plaintiff in error, and the cause has been regularly continued at every term since, no one appearing here in person to represent the plaintiff. At this term we dismissed the writ, on motion of the United States, for want of prosecution, but have since reinstated it on motion of the counsel for the plaintiff in error, who now moves to have it set down for argument. This motion we deny,...
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252 cases
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U.S. v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in U.S. Currency, FORTY-FIVE
...the contrary in the statute under which Molinaro appeals, 28 U.S.C. Sec. 1257(2), we conclude, in light of the Smith [v. United States, 40 to 97, 94 U.S. 97, 24 L.Ed. 32 (1876) ] and Bonahan [v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887) ] decisions, that the Court has the au......
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State of Md. Deposit Ins. Fund Corp. v. Billman
...U.S. 189, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949); Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887); Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876). Now the Court dismisses cases involving fugitive parties. See Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L......
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Dorrough v. Estelle
...396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586; Bonahan v. Nebraska, 1887, 125 U.S. 692, 8 S.Ct. 1390, 31 L. Ed. 854; Smith v. United States, 1876, 94 U.S. (4 Otto) 97, 24 L.Ed. 32. Nor do we find fault with the Texas statute for providing for the immediate dismissal of appeals of escapees. Suc......
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Polanski v. Superior Court
...13 Cal.2d 271, 277 [89 P.2d 382].) The disentitlement doctrine is equally venerable on the federal level. In 1876, in Smith v. United States (1876) 94 U.S. 97 [24 L.Ed. 32], the United States Supreme Court declared, "It is clearly within our discretion to refuse to hear a criminal case in e......
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1 firm's commentaries
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Business Litigation Report - July 2019
...Degen v. United States, 517 U.S. 820, 823 (1996) (citing Ortega-Rodriguez v. United States, 507 U.S. 234, 239 (1993)); Smith v. United States, 94 U.S. 97, 24 (1876)). The doctrine developed to respond to two concerns—first, that a decision by a U.S. appellate court would be unenforceable ag......
6 books & journal articles
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ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
...is dedicated to the memory of Professor Christopher N. Lasch, mentor-lawyer-teacher-friend extraordinaire. (1) See Smith v. United States, 94 U.S. 97 (1876); Allen v. Georgia, 166 U.S. 138 (2) Degen v. United Suites, 517 U.S. 820, 824 (1996). (3) Technically, the process of raising a challe......
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Sword or shield: due process and the fugitive disentitlement doctrine.
...431 US. 651, 656 (1977). (20) Id.; McKane v. Durston, 153 U.S. 684, 687-88 (1894). (21) See infra notes 43-92 and accompanying text. (22) 94 U.S. 97 (23) Id. at 97-98. (24) Id. at 97. See also Jason W. Joseph, Note, The Fugitive Dismissal Rule Applied to Pre-Appeal Fugitivity, 84 J. Crim. L......
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Should the Supreme Court stop inviting amici curiae to defend abandoned lower court decisions?
...(316.) United States v. Sharpe, 470 U.S. 675, 681 n.2 (1985). (317.) Id. at 722 (Stevens, J., dissenting) (quoting Smith v. United States, 94 U.S. 97, 97 (318.) Id. at 724. (319.) Id. at 724-25. (320.) Id. at 725. (321.) Id. at 726 (citing Hayburn's Case, 2 U.S. (2 Dall.) 409 (1792)). (322.......
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14.1 APPEALS IN CRIMINAL CASES GENERALLY
...395 U.S. at 726. [3562] Chaffin v. Stynchcombe, 412 U.S. 17 (1973); Johnson v. Commonwealth, 212 Va. 579, 186 S.E.2d 53 (1972). [3563] 94 U.S. 97 (1876). [3564] 276 Va. 611, 667 S.E.2d 555 [3565] Id. at 623, 667 S.E.2d at 561 (citing Degen v. United States, 517 U.S. 820, 823-24 (1996)). In ......
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