Wells v. United States, 11
| Court | United States Supreme Court |
| Writing for the Court | PER CURIAM; RUTLEDGE |
| Citation | 87 L.Ed. 746,63 S.Ct. 582,318 U.S. 257 |
| Parties | WELLS v. UNITED STATES. riginal |
| Docket Number | O,No. 11,11 |
| Decision Date | 01 March 1943 |
v.
UNITED STATES.
Mr. Henry J. Friendly, of New York City, for petitioner.
Mr. Wendell Berge, Asst. Atty. Gen., of Washington, D.C., for respondent.
PER CURIAM.
In 1938 petitioner, in the Western District of Texas, pleaded guilty to an indictment in four counts charging him with violation of the Bank Robbery Act, 12 U.S.C. § 588b, 12 U.S.C.A. § 588b, and was sentenced to consecutive terms of imprisonment aggregating 90 years. On May 6, 1942, the trial court, after petitioner's successful appeal to the Cir-
Page 258
cuit Court of Appeals, 5 Cir., 124 F.2d 334, granted his motion for resentence and sentenced him on two of the counts on which he had been convicted, for consecutive terms aggregating 45 years. On the same day he began the present proceeding by a petition in the trial court to set aside his conviction on the ground that his plea of guilty had been induced by threats and false statements on the part of Government officers having him in custody, and that on entering his plea of guilty he had been denied the benefit of counsel.
The district court denied the petition on May 7, without calling for a response from the Government, without making findings or writing an opinion, and apparently without holding a hearing. Its order recited that the court 'is of the opinion that said petition is wholly insufficient as a matter of law; that the matters and things therein contained have heretofore been adjudicated and that said petition should in all things be denied'.
On May 28 petitioner moved in the district court that he be allowed to appeal in forma pauperis. The court denied the motion, and certified that 'in the opinion of the court such an appeal is not taken in good faith'.
Petitioner later presented to the Circuit Court of Appeals for the Fifth Circuit an application for allowance of an appeal in forma pauperis, which was likewise denied. That order does not set forth the ground on which the denial was rested, but an earlier opinion, In re Wragg, 5 Cir., 95 F.2d 252, 253, states the court's view that it is without power to allow an appeal in forma pauperis when the trial court has certified that the appeal is not taken in good faith. We granted certiorari to the Circuit Court of Appeals upon a timely petition which asked that the writ be issued to that court and to the district court. 317 U.S. 616, 63 S.Ct. 151, 87 L.Ed. —-.
The Government admits that the allegations in the petition to set aside the...
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Coppedge v. United States, 157
...in fact controlling weight in the absence of 'some showing that the certificate is made without warrant * * *,' Wells v. United States, 318 U.S. 257, 259, 63 S.Ct. 582, 584, 87 L.Ed. 746 (1943), how can it be said the Government has the burden of upholding it' The Court seems to say the bur......
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Dorsey v. Gill, 8811.
...27 Stat. 252, as amended 36 Stat. 866 (1910), 42 Stat. 666 (1922), 45 Stat. 54 (1928), 28 U.S.C.A. § 832. 2 See Wells v. United States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746; Waterman v. McMillan, 77 U.S.App.D.C. 310, 135 F.2d 807; Spruill v. Temple Baptist Church, 78 U.S.App.D.C. 324, 1......
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In re Silicone Gel Breast Implants Liab. Litig., CV-92-N-10000-S.
...Cir.1999)(approving practice of judicially noticing publicly filed documents with SEC on a motion to dismiss) and Wells v. United States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746 (1943)(judicial notice of court records is appropriate). This court's records subject to judicial notice include......
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United States v. Clemons, 22344
...that a federal district court may take judicial notice of judicial proceedings in a different federal court. Wells v. United States, 318 U.S. 257, 260, 63 S.Ct. 582, 87 L.Ed. 746 (1943); Hood v. United States, 152 F.2d 431, 435 (8th Cir. 2 Jacobs v. United States, 58 App.D.C. 62, 63, 24 F.2......
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Coppedge v. United States, 157
...in fact controlling weight in the absence of 'some showing that the certificate is made without warrant * * *,' Wells v. United States, 318 U.S. 257, 259, 63 S.Ct. 582, 584, 87 L.Ed. 746 (1943), how can it be said the Government has the burden of upholding it' The Court seems to say the bur......
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Dorsey v. Gill, 8811.
...27 Stat. 252, as amended 36 Stat. 866 (1910), 42 Stat. 666 (1922), 45 Stat. 54 (1928), 28 U.S.C.A. § 832. 2 See Wells v. United States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746; Waterman v. McMillan, 77 U.S.App.D.C. 310, 135 F.2d 807; Spruill v. Temple Baptist Church, 78 U.S.App.D.C. 324, 1......
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In re Silicone Gel Breast Implants Liab. Litig., CV-92-N-10000-S.
...Cir.1999)(approving practice of judicially noticing publicly filed documents with SEC on a motion to dismiss) and Wells v. United States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746 (1943)(judicial notice of court records is appropriate). This court's records subject to judicial notice include......
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United States v. Clemons, 22344
...that a federal district court may take judicial notice of judicial proceedings in a different federal court. Wells v. United States, 318 U.S. 257, 260, 63 S.Ct. 582, 87 L.Ed. 746 (1943); Hood v. United States, 152 F.2d 431, 435 (8th Cir. 2 Jacobs v. United States, 58 App.D.C. 62, 63, 24 F.2......