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Harris Vs. Nelson
Cites for this judgment
- US Supreme Court
- Mar 24, 1969
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U.S. 286 (1969) U.S. Supreme Court Harris v. NelsonSearch
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U.S. 286 (1969) Harris v. NelsonSearch
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relating to the use of interrogatories in habeas corpus proceedings, did not authorize their use for discovery. Wilson v. HarrisSearch
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As this Court said in Fay v. NoiaSearch
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See Peyton v. RoweSearch
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courts not only may grant evidentiary hearings to applicants, but must do so upon an appropriate showing. Townsend v. SainSearch
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Brown v. AllenSearch
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Fisher v. BakerSearch
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Brief any citation in this list with AI Studio
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of the new rules. Hickman v. TaylorSearch
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to note that, in 1938 the expansion of federal habeas corpus to its present scope was only in its early stages. Mooney v. HolohanSearch
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Waley v. JohnstonSearch
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the factual basis of claims that state convictions had violated the petitioner's federal constitutional rights. Brown v. AllenSearch
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trial or not. This rule has been generously construed to provide a great deal of latitude for discovery. See Hickman v. TaylorSearch
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Thereafter, if the court concludes that the petitioner is entitled to an evidentiary hearing, cf. Townsend v. SainSearch
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U. S. 266 , 334 U. S. 282 (1948), quoting Adams v. UnitedSearch
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this statute in issuing orders appropriate to assist them in conducting factual inquiries. American Lithographic Co. v. WerckmeisterSearch
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Bethlehem Shipbuilding Corp. v. NLRBSearch
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C.A. 1st Cir. 1941) (order that certain documents be produced for the purpose of pretrial discovery). In Price v. JohnstonSearch
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holding the discovery provisions of the Federal Rules wholly inapplicable to habeas corpus proceedings. E.g., Sullivan v. UnitedSearch
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Wilson v. WeigelSearch
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Jelic v. DistrictSearch
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proceeding. E.g., United States ex rel. Seals v. WimanSearch
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Schiebelhut v. UnitedSearch
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Rules of Civil Procedure as necessary to effectuate statutory policy with respect to habeas corpus. E.g., Knowles v. GladdenSearch
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Others have apparently assumed that the rules applied to habeas without discussion of the question. E.g., Fortner v. BalkcomSearch
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Lewis ed.1902). See generally Fay v. NoiaSearch
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U. S. 391 , 399-415 (1963). Cf. Frank v. MangumSearch
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and Cohen, Habeas Corpus Cum Causa -- The Emergence of the Modern Writ, 18 Can.B.Rev. 10, 172 (1940). Cf. Sullivan v. UnitedSearch
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rules in habeas corpus proceedings. E.g., Rule 6(b)(2), extension of time for excusable neglect, Bowen v. BolesSearch
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Rule 15(b), determination of issue not raised by pleadings, Hamilton v. HunterSearch
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to habeas corpus of the rules concerning joinder and class actions has engendered considerable debate. See Mitchell v. SchoonfieldSearch
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Hill v. NelsonSearch
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Adderly v. WainwrightSearch
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much benefit. MR. JUSTICE BLACK, dissenting. I would affirm the Court of Appeals' holding in this case, Wilson v. HarrisSearch
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therefore, assume that he was and is guilty of the crime of which he was convicted. See my dissent in Kaufman v. UnitedSearch
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be treated as final, and no longer subject to challenge, at least by collateral attack. Although I admit that Aguilar v. TexasSearch
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U. S. 108 (1964), Spinelli v. UnitedSearch
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My conviction that this would be the best course is strengthened by recollection of our decision in Miner v. AtlassSearch
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My Brother STEWART bases his dissent in this case upon my own dissenting opinion in Kaufman v. UnitedSearch
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Machibroda v. UnitedSearch
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However, for the reasons stated in MR. JUSTICE HARLAN's dissenting opinion today in Kaufman v. UnitedSearch
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U.S. Supreme Court Harris v. NelsonSearch
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Wilson v. HarrisSearch
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