Rosenberg Vs. Denno - Court Judgment

SooperKanoon Citationsooperkanoon.com/98784
CourtUS Supreme Court
Decided OnJun-15-1953
Case Number346 U.S. 271
AppellantRosenberg
RespondentDenno
Excerpt:
Notice (8): Undefined variable: kword [APP/View/Case/amp.ctp, line 123]
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 123]
rosenberg v. denno - 346 u.s. 271 (1953) u.s. supreme court rosenberg v. denno, 346 u.s. 271 (1953) rosenberg v. denno no. 1, misc. june 15 special term, 1953 decided june 15, 1953 346 u.s. 271 on motion for leave to file petition for original writ of habeas corpus and stay of execution syllabus the rosenbergs had been sentenced to death for conspiracy to violate the espionage act of 1917, and the time of execution had been fixed for the week of june 15, 1953. as the court was about to adjourn the october term, 1952, on june 15, 1953, their counsel submitted a motion for leave to file a petition for an original writ of habeas corpus and stay of execution. later that afternoon, the court met in special term pursuant to a.....
Judgment:
Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]
Rosenberg v. Denno - 346 U.S. 271 (1953)
U.S. Supreme Court Rosenberg v. Denno, 346 U.S. 271 (1953)

Rosenberg v. Denno

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

No. 1, Misc.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

June 15 Special Term, 1953

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

Decided June 15, 1953

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

346 U.S. 271

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

ON MOTION FOR LEAVE TO FILE PETITION FOR ORIGINAL WRIT OF HABEAS CORPUS AND STAY OF EXECUTION

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

Syllabus

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

The Rosenbergs had been sentenced to death for conspiracy to violate the Espionage Act of 1917, and the time of execution had been fixed for the week of June 15, 1953. As the Court was about to adjourn the October Term, 1952, on June 15, 1953, their counsel submitted a motion for leave to file a petition for an original writ of habeas corpus and stay of execution. Later that afternoon, the Court met in Special Term pursuant to a call by THE CHIEF JUSTICE having the approval of all the Associate Justices. All Members of the Court were present.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

Held: leave to file petition for an original writ of habeas corpus denied.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

PER CURIAM.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

The motion for leave to file petition for an original writ of habeas corpus is denied.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

MR. JUSTICE BLACK dissents.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

MR. JUSTICE FRANKFURTER:

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

The disposition of an application to this Court for habeas corpus is so rarely to be made by this Court

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

Page 346 U. S. 272

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]

directly that Congress has given the Court authority to transfer such an application to an appropriate district court. 28 U.S.C., ยง 2241. I do not favor such a disposition of this application, because the substance of the allegations now made has already been considered by the District Court for the Southern District of New York, and, on review, by the Court of Appeals for the Second Circuit. Neither can I join the Court in denying the application without more. I would set the application down for hearing before the full Court tomorrow forenoon. Oral argument frequently has a force beyond what the written word conveys.

Notice (8): Undefined variable: query [APP/View/Case/amp.ctp, line 144]