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Eagles Vs. Samuels
Cites for this judgment
- US Supreme Court
- Dec 23, 1946
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U.S. 304 (1946) U.S. Supreme Court Eagles v. SamuelsSearch
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U.S. 304 (1946) Eagles v. SamuelsSearch
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Court ordered the writ dismissed. On appeal, the Circuit Court of Appeals, in reliance on United States ex rel. Levy v. CainSearch
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Samuels v. PearsonSearch
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which we granted in order to resolve the conflict between the decision below and United States ex rel. Goodman v. HearnSearch
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denied below and, pending disposition of the petition here, Samuels had received a discharge from the army. Zimmerman v. WalkerSearch
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U.S. 744. And see Weber v. SquierSearch
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Tornello v. HudspethSearch
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the case of a prisoner who, pending an appeal from denial of a writ of habeas corpus, is granted bail, Johnson v. HoySearch
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As stated in McNally v. HillSearch
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Brief any citation in this list with AI Studio
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play if custody is ended through the writ itself. Our rules recognize the beneficent function of the writ, Bowen v. JohnstonSearch
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People v. JenningsSearch
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a recognizance. Rule 45. The fact that he has been so enlarged does not render the appeal of the custodian moot. Carr v. ZajaSearch
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U. S. 308 an opinion and issuing an order which cannot affect the litigants in the case before it. Cf. St. Pierre v. UnitedSearch
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unconditional. Reversal undoes what the habeas corpus court did and makes lawful a resumption of the custody. Knewel v. EganSearch
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Haddox v. RichardsonSearch
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James v. AmrineSearch
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Bond v. LangumSearch
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a)(2), withholding from the courts the customary power of review of administrative action. See Estep v. UnitedSearch
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States, 327 U. S. 114 . It is elementary that habeas corpus may not be used as a writ of error. Tisi v. TodSearch
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to act. If the writ is to issue, mere error in the proceeding which resulted in the detention is not sufficient. Tisi v. TodSearch
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and action without evidence to support its order are familiar examples of the showing which is necessary. See Johnson v. ZerbstSearch
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U. S. 149 . But it is not enough to show that the decision was wrong, United States ex rel. Tisi v. TodSearch
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supra, or that incompetent evidence was admitted and considered. Vajtauer v. CommissionerSearch
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said that there were procedural irregularities of such a nature or magnitude as to render the hearing unfair, Bridges v. WixonSearch
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supra p. 326 U. S. 156 , or that there was no evidence to support the order, Vajtauer v. CommissionerSearch
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of sects within one faith may create difficult questions for the boards. We agree with the court in United States v. HearnSearch
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registrant of one faith were referred to a theological panel on which his faith was not represented. See United States v. BaloghSearch
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it has not been shown that such a condition obtained here. Page 329 U. S. 314 The court in United States v. CainSearch
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issuance of a rule to show cause, so that the facts can be ascertained in accord with the procedure outlined in Walker v. JohnstonSearch
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had, and all evidence offered was received. Samuels had the burden of showing that he was unlawfully detained. Walker v. JohnstonSearch
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those so flagrant as to result in an unfair hearing, render the proceedings vulnerable in a collateral attack. Tisi v. TodSearch
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We are not sitting in review of action of federal agencies over which we have the power of supervision. Cf. McNabb v. UnitedSearch
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of abuse. But he fails to establish prejudice in his case. If, as was held in United States ex rel. Levy v. CainSearch
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board relies on a general advisory opinion of the panel, it is devolving its administrative responsibility. See Levy v. CainSearch
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U.S. Supreme Court Eagles v. SamuelsSearch
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Levy v. CainSearch
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Samuels v. PearsonSearch
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Goodman v. HearnSearch
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Zimmerman v. WalkerSearch
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Weber v. SquierSearch
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Johnson v. HoySearch
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McNally v. HillSearch
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Cf. St. Pierre v. UnitedSearch
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Bond v. LangumSearch
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