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Price Vs. Johnston
Cites for this judgment
- US Supreme Court
- May 24, 1948
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U.S. 266 (1948) U.S. Supreme Court Price v. JohnstonSearch
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U.S. 266 (1948) Price v. JohnstonSearch
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can have no bearing or weight on the disposition to be made of the new matter raised in the fourth petition. Salinger v. LoiselSearch
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U. S. 224 , and Wong Doo v. UnitedSearch
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its opinion was devoted exclusively to the matters raised in the original petition. Price v. JohnstonSearch
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This Court denied the petition for a writ of certiorari. Price v. JohnstonSearch
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appeal, the opinion of the Circuit Court of Appeals being devoted to the matters decided by the District Court. Price v. JohnstonSearch
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a petition for certiorari, a petition which presented no issues differing from those raised in the lower courts. Price v. JohnstonSearch
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when he filed the earlier petitions, making the third petition an abusive use of the writ of habeas corpus. Price v. JohnstonSearch
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abuse its discretion in denying the fourth petition without a hearing. Reference was made in this respect to Salinger v. LoiselSearch
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of course, is the pendency of a proceeding of an appellate nature to which the contemplated writ is auxiliary. Whitney v. DickSearch
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in the sense that the court could not otherwise physically discharge its appellate duties. Adams v. UnitedSearch
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Adams v. UnitedSearch
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that a prisoner be brought to the courtroom to argue his own appeal. That power has heretofore been assumed. Schwab v. BerggrenSearch
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Goldsmith v. SanfordSearch
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Donnelly v. StateSearch
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has no absolute right to argue his own appeal, or even to be present at the proceedings in an appellate court. Schwab v. BerggrenSearch
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Hopt v. UtahSearch
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U. S. 574 , and Snyder v. MassachusettsSearch
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Hodge v. HuffSearch
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and Long v. BensonSearch
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such an expanded allegation states a sufficiently specific violation of due process within the meaning of Mooney v. HolohanSearch
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change his testimony, and that this altered testimony was knowingly used to obtain petitioner's conviction. Cf. Pyle v. KansasSearch
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obtain the change in testimony. Petitioner was apparently trying to raise the due process issue formulated in Mooney v. HolohanSearch
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that the prosecution knowingly used false testimony to obtain a conviction. That fact renders inapplicable Salinger v. LoiselSearch
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can have no bearing or weight on the disposition to be made of the new matter raised in the fourth petition. Waley v. JohnstonSearch
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U. S. 101 . Likewise irrelevant to the instant proceeding is Wong Doo v. UnitedSearch
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determinations which may be decisive of vital rights where the crucial facts have not been developed. Cf. Kennedy v. SilasSearch
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standards would have a retroactive and prejudicial effect on the prisoner's inartistically drawn petition. Cf. Holiday v. JohnstonSearch
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Price v. MoinetSearch
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Swihart v. JohnstonSearch
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Since, upon the face of the petition, petitioner is not entitled to the writ, Walker v. JohnstonSearch
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the return, merely quoted the District Court's opinion denying the third petition for a writ of habeas corpus, Price v. JohnstonSearch
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corpus writ to enable a prisoner to defend himself in another proceeding or to argue motions in the trial court. Benns v. MosleySearch
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Weldon v. NealSearch
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Q.B.D. 471. See also Attorney General v. HuntSearch
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Ford v. NassauSearch
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Rex v. ParkynsSearch
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Attorney General v. CleaveSearch
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Clark v. SmithSearch
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Bell v. UnitedSearch
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Barber v. UnitedSearch
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