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Fay Vs. Noia
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- US Supreme Court
- Mar 18, 1963
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U.S. 391 (1963) U.S. Supreme Court Fay v. NoiaSearch
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U.S. 391 (1963) Fay v. NoiaSearch
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the time he files his application for habeas corpus in the federal court. Pp. 372 U. S. 434 -435. 5. Darr v. BurfordSearch
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Home Affairs v. O'BrienSearch
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there is no higher duty than to maintain it unimpaired,' Bowen v. JohnstonSearch
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Turner v. WilliamsSearch
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But, at all events, it would appear that the Constitution invites, if it does not compel, cf. Byrd v. BlueSearch
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Court, which are not generally applicable to federal habeas corpus powers. It was plain from the decision in Marbury v. MadisonSearch
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Eagles v. UnitedSearch
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Goto v. LaneSearch
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flowed from the availability of review of state criminal judgments in this Court as of right. See, e.g., Andrews v. SwartzSearch
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Ex parte Curtis, 106 U. S. 371 , 106 U. S. 375 . Cf. Harlan v. McGourinSearch
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It now remains to consider this principle in the application to the present case. It was settled in Brown v. AllenSearch
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it made the whole proceeding a mere pretense of a trial, and rendered the conviction and sentence wholly void. Moore v. DempseySearch
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Brown v. MississippiSearch
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under a Page 372 U. S. 415 conviction procured by a confession held by the Court of Appeals in Caminito v. MurphySearch
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U. S. 19 , 306 U. S. 27 . Cf. Stack v. BoyleSearch
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habeas, in defiance of unmistakable congressional intent. And so this Court has consistently held, save only in Frank v. MangumSearch
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Page 372 U. S. 421 The majority's position in Frank, however, was substantially repudiated in Moore v. DempseySearch
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It was settled in Moore, restoring what evidently had been the assumption until Frank, see, e.g., Cook v. HartSearch
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Brown v. AllenSearch
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Page 372 U. S. 423 As put by Mr. Justice Holmes in his dissenting opinion in Frank v. MangumSearch
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but void. Hence, the familiar principle that res judicata is inapplicable in habeas proceedings, see, e.g., Darr v. BurfordSearch
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Note, Res Judicata, 65 Harv.L.Rev. 818, 850 (1952). Cf. Windsor v. McVeighSearch
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doctrine of forfeitures. The point is that the Court, by relying upon a rule of discretion, avowedly flexible, Frisbie v. CollinsSearch
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which includes one's coerced confession -- drawn from the Bill of Rights. As Mr. Justice Holmes explained in Moore v. DempseySearch
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U.S. Supreme Court Fay v. NoiaSearch
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Home Affairs v. O'BrienSearch
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