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Wingo Vs. Wedding
Cites for this judgment
- US Supreme Court
- Jun 26, 1974
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U.S. 461 (1974) U.S. Supreme Court Wingo v. WeddingSearch
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U.S. 461 (1974) Wingo v. WeddingSearch
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the construction of the predecessor statute given in Holiday v. JohnsonSearch
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requires that the district judge personally conduct evidentiary hearings in federal habeas corpus cases. Holiday v. JohnsonSearch
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Page 418 U. S. 462 supra, United States v. HaymanSearch
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Brown v. AllenSearch
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dismissing respondent's petition. On appeal, Wedding renewed his challenge to Local Rule 16, relying upon Holiday v. JohnstonSearch
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supra, at 372 U. S. 416 . See also Townsend v. SainSearch
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in Holiday. United States v. HaymanSearch
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Payne v. WingoSearch
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Brief any citation in this list with AI Studio
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as construed in Holiday v. JohnstonSearch
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A full discussion of the legislative history of the Federal Magistrates Act will be found in TPO, Inc. v. McMillenSearch
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To the extent that O'Shea v. UnitedSearch
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States, 491 F.2d 774 (CA1 1974), and Norlander v. CicconeSearch
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years ago, long before the enactment of the Magistrates Act, to confine that function to judges alone. Holiday v. JohnstonSearch
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is held to have carried forward this limitation despite a critical language change. United States v. HaymanSearch
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an intent to alter statutory language, the meaning of which had already been finally determined by this Court, Holiday v. JohnstonSearch
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approved in Salinger v. LoiselSearch
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enacted after Holiday. The Court also relies upon United States v. HaymanSearch
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Circuits have ruled that federal magistrates may conduct evidentiary hearings in federal habeas corpus cases, O'Shea v. UnitedSearch
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Noorlander v. CicconeSearch
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Campbell v. U.SSearch
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F.2d 196, 205 (CA9 1974), while two Circuits have assumed magistrates have that power, United States ex rel. Gonzalez v. ZelkerSearch
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Parnell v. WainwrightSearch
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a)(3), which grant of power, carefully limited, appears not to contravene any constitutional prohibition. Cf. Palmore v. UnitedSearch
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the district judge retains ultimate decisionmaking authority comports with constitutional requirements. Cf. Campbell v. U.SSearch
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Harlem River Consumers Coop., Inc. v. AssociatedSearch
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U.S. Supreme Court Wingo v. WeddingSearch
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Holiday v. JohnsonSearch
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Holiday. United States v. HaymanSearch
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TPO, Inc. v. McMillenSearch
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O'Shea v. UnitedSearch
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and Norlander v. CicconeSearch
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Court, Holiday v. JohnstonSearch
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Campbell v. U.SSearch
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Gonzalez v. ZelkerSearch
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Cf. Palmore v. UnitedSearch
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Salinger v. LoiselSearch
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