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SwaIn Vs. Pressley
Cites for this judgment
- US Supreme Court
- Mar 22, 1977
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U.S. 372 (1977) U.S. Supreme Court Swain v. PressleySearch
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U.S. 372 (1977) Swain v. PressleySearch
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remedy that is neither inadequate nor ineffective does not constitute a suspension of the writ. Cf. United States v. HaymanSearch
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See United States v. HamanSearch
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as the exact equivalent of the preexisting habeas corpus remedy. Hill v. UnitedSearch
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tenure and judicial independence was vigorously explained by Mr. Justice Douglas in his dissenting opinion in Palmore v. UnitedSearch
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In Pernell v. SouthallSearch
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See Palmore v. UnitedSearch
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States, 411 U. S. 389 , 411 U. S. 392 -393, n. 2, and Pernell v. SouthallSearch
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U.S.App.D.C. 319, 515 F.2d 1290 (1975), adopted the reasoning developed at length in its en banc decision in Palmore v. SuperiorSearch
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and remanded that case to the Court of Appeals for further consideration in light of our recent decision in Stone v. PowellSearch
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Thus, the language of United States v. SullivanSearch
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is made with respect to the original trial and appeal process, which we have already held constitutional. Palmore v. UnitedSearch
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United States v. HaymanSearch
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U.S. at 368 U. S. 427 (emphasis added). See also United States v. HaymanSearch
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Cong., 1st Sess., 18 (1949). The courts of the Territories are created under Art. I, not Art. III. Palmore v. UnitedSearch
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Leguillou v. DavisSearch
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with the views I have expressed previously with respect to the nature and scope of habeas corpus. Schneckloth v. BustamonteSearch
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Id. at 451. Dicta to the contrary in Fay v. NoiaSearch
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have since been shown to be based on an incorrect view of the historic functions of habeas corpus. Schneckloth v. BustamonteSearch
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U.S. Supreme Court Swain v. PressleySearch
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Cf. United States v. HaymanSearch
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Hill v. UnitedSearch
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Palmore v. UnitedSearch
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and Pernell v. SouthallSearch
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Palmore v. SuperiorSearch
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of United States v. SullivanSearch
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Art. III. Palmore v. UnitedSearch
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Leguillou v. DavisSearch
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