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Sunal Vs. Large

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  • US Supreme Court
  • Jun 23, 1947

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74 entries 18 linked 56 unlinked
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  6. Bowen Vs. Johnston US Supreme Court · Jan 30, 1939
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  9. Johnson Vs. Zerbst US Supreme Court · May 23, 1938
  10. Walker Vs. Johnston US Supreme Court · Feb 10, 1941
  11. Harlan Vs. Mcgourin US Supreme Court · Nov 28, 1910
  12. Kaizo Vs. Henry US Supreme Court · Nov 16, 1908
  13. Mcmicking Vs. Schields US Supreme Court · Jun 01, 1915
  14. Toy Toy Vs. Hopkins US Supreme Court · Feb 23, 1909
  15. Glasgow Vs. Moyer US Supreme Court · Jun 07, 1912
  16. Tinsley Vs. Treat US Supreme Court · Mar 04, 1907
  17. House Vs. Mayo US Supreme Court · Feb 05, 1945
  18. Escoe Vs. Zerbst US Supreme Court · May 20, 1935
  19. U.S. 174 (1947) U.S. Supreme Court Sunal v. Large
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  20. U.S. 174 (1947) Sunal v. Large
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  21. deemed futile because of the state of the law at that time -- i.e., after the decision of this Court in Falbo v. United
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  22. States, 320 U. S. 549 , and before the decision in Estep v. United
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  23. that the classification was final, and not open to attack in the criminal trial. On February 4, 1946, we decided Estep v. United
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  24. States and Smith v. United
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  25. comparable facts that a registrant who had exhausted his administrative remedies and thus obviated the rule of Falbo v. United
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  26. were not. It cannot be said that absence of counsel made the appeals unavailable, as a practical matter. See Johnson v. Zerbst
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  27. S. 467 . Defendants had counsel. Nor was there any other barrier to the perfection of their appeals. Cf. Cochran v. Kansas
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  28. facts relied on were dehors the record, and therefore not open to consideration and review on appeal. See Waley v. Johnston
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  29. U. S. 220 , 320 U. S. 221 . And see Adams v. United
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  30. See Estep v. United
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  31. and that Estep v. United
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  32. States, supra, and Smith v. United
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  33. the use of habeas corpus in the federal courts to challenge convictions obtained in the state courts. See New York v. Eno
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  34. concerned, the general rule is that the writ of habeas corpus will not be allowed to do service for an appeal. Adams v. United
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  35. As stated by Chief Justice Page 332 U. S. 180 Hughes in Bowen v. Johnston
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  36. Id. at 249 U. S. 384 . Cf. Craig v. Hecht
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  37. But denial of certiorari by this Court in the earlier case imported no expression of opinion on the merits. House v. Mayo
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  38. here. The case therefore is not one where the law was changed after the time for appeal had expired. Cf. Warring v. Colpoys
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  39. of a new decision has given increased relevance to a point made at the trial, but not pursued on appeal. Cf. Warring v. Colpoys
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  40. of law did not infect the trial with lack of procedural due process. As stated by Mr. Justice Cardozo in Escoe v. Zerbst
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  41. It is said that the contrary position was indicated by the following statement in Estep v. United
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  42. circumstances which excuse their failure, habeas corpus may not now be used as a substitute. Accordingly, Sunal v. Large
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  43. will be affirmed and Alexander v. Kulick
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  44. Together with No. 840, Alexander, Warden v. United
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  45. We therefore lay to one side cases such as Bridges v. Wixon
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  46. U. S. 304 , and Eagles v. United
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  47. Rinko v. United
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  48. States, 325 U.S. 851. We also denied certiorari in Flakowicz v. United
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  49. States, 325 U.S. 851, but it, like Falbo v. United
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  50. remedies had not been exhausted, there being an additional examination which the registrant had not taken. See Gibson v. United
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