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Brown Vs. Allen
Cites for this judgment
- US Supreme Court
- Feb 09, 1953
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U.S. 443 (1953) U.S. Supreme Court Brown v. AllenSearch
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U.S. 443 (1953) Brown v. AllenSearch
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Certiorari was granted to review judgments of the United States Court of Appeals for the Fourth Circuit. Brown v. AllenSearch
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Speller v. AllenSearch
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Daniels v. AllenSearch
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has been construed by several courts of appeals. In Ekberg v. McGeeSearch
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that the statute meant to deny a federal forum where state procedures were inexhaustible. The Third Circuit in Master v. BaldiSearch
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alternative state remedies with this Court's denial of certiorari therefrom is all that is necessary. In Bacom v. SullivanSearch
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F.2d 177, and Bacom v. SullivanSearch
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denied by this Court, there appeared a unique and extraordinary circumstance justifying federal examination under Darr v. BurfordSearch
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direct review of the judgments of the highest court of the state. As that question, pretermitted in our ruling in Darr v. BurfordSearch
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The position of the majority upon that point is expressed by the opinion of Mr. Justice Frankfurter, Daniels v. AllenSearch
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review of habeas corpus practice in the federal courts in relation to state criminal convictions will be found in Hawk v. OlsonSearch
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U. S. 271 , 326 U. S. 274 , and Darr v. BurfordSearch
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federal habeas corpus upon full records of the state proceedings in the trial and appellate courts. In No. 32, Brown v. AllenSearch
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the transcript of proceedings in the sentencing court. The District Court then dismissed the petition. Sub nom. Brown v. CrawfordSearch
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F.Supp. 866. In No. 22, Speller v. AllenSearch
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District Court had before it the record which had been filed in the Supreme Court of North Carolina on appeal. State v. BrownSearch
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there was the added alternative ground of failure to substantiate the charge. Sub nom. Speller v. CrawfordSearch
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F.Supp. 92, 97. In No. 20, Daniels v. AllenSearch
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dismissed. On the procedural history, the District Court refused to entertain the request. Sub nom. Daniels v. CrawfordSearch
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F.Supp. 866, 870. The court cited from Stonebreaker v. SmythSearch
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This is, we think, the teaching of Ex parte Hawk, 321 U. S. 114 , 321 U. S. 118 , and White v. RagenSearch
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Hamilton Brown Shoe Co. v. WolfSearch
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In fields other than habeas corpus, with its unique opportunity for repetitious litigation, as demonstrated in Dorsey v. GillSearch
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should have the power to take the denial into consideration in determining their action. We indicated as much in House v. MayoSearch
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as were permitted during the period when there was no review of the refusal of a habeas corpus application, Salinger v. LoiselSearch
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Since a federal district court has power to intervene, there is a guard against injustice through error. Darr v. BurfordSearch
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is required unless no state remedy for the deprivation of federal constitutional rights ever existed. Mooney v. HolohanSearch
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of constitutional rights, the District Court may properly depend upon the state's resolution of the issue. Malinski v. NewSearch
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federal constitutional issues even after trial and review by a state and refusal of certiorari in this Court. Darr v. BurfordSearch
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up those problems. III . Right to Plenary Hearing Petitioner alleges a procedural error in No. 32, Brown v. AllenSearch
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accompanying papers as the court deems necessary, that a hearing on the merits legal or factual is proper. See Walker v. JohnstonSearch
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United States v. BaldiSearch
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It was under this general rule that this Court approved, in Salinger v. LoiselSearch
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That principle is also applicable to state prisoners. Darr v. BurfordSearch
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A way is left open to redress violations of the Constitution. See p. 344 U. S. 447 , supra. Moore v. DempseySearch
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jurisdiction, whether through affirmance of the judgment on appeal or denial of post-conviction remedies. See White v. RagenSearch
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U. S. 46 . Page 344 U. S. 466 First. We take up Brown v. AllenSearch
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questions on their merits, the State Supreme Court Page 344 U. S. 467 affirmed the conviction. State v. BrownSearch
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State v. DavisSearch
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State v. DixonSearch
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