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Parker Vs. Ellis

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  • US Supreme Court
  • May 16, 1960

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71 entries 5 linked 66 unlinked
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  1. Mcnally Vs. Hill US Supreme Court · Nov 05, 1934
  2. Darr Vs. Burford US Supreme Court · Apr 03, 1950
  3. United States Vs. Hayman US Supreme Court · Jan 07, 1952
  4. Wales Vs. Whitney US Supreme Court · May 04, 1885
  5. Cash Vs. Culver US Supreme Court · Feb 24, 1959
    Relied / Followed
  6. U.S. 574 (1960) U.S. Supreme Court Parker v. Ellis
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  7. U.S. 574 (1960) Parker v. Ellis
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  8. Id., 293 U. S. 138 . See also Johnson v. Hoy
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  9. was no longer in respondent's custody in at least three cases not relevantly different from the present one. Weber v. Squier
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  10. Tornello v. Hudspeth
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  11. Zimmerman v. Walker
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  12. petitioner's exercise of civil rights in Texas (Election Code Art. 5.01) as his conviction in this case. See Harwell v. Morris
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  13. St. Pierre v. United
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  14. U.S. at 358 U. S. 420 . Contrary to the unconsidered assumption in Pollard v. United
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  15. and the opinion of MR. JUSTICE STEWART for the Court on this point, 358 U.S. at 358 U. S. 420 , in Heflin v. United
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  16. and on March 23, 1955, the Court of Criminal Appeals of Texas affirmed his conviction in a brief opinion. Parker v. State
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  17. seems never to have been squarely presented to this Court, the weight of authority favors petitioner. In Pollard v. United
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  18. which was overruled by Heflin v. United
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  19. treatment of Pollard. The three cases which constitute the principal basis for the Court's judgment are Weber v. Squier
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  20. and Zimmerman v. Walker
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  21. that the case was moot because the petitioner was no longer in his custody. The only case respondent cited, Van Meter v. Sanford
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  22. transferred from one custodian to another, but where he was still in the penitentiary. See United States ex rel. Innes v. Crystal
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  23. where it would be unnecessary to issue an order of discharge. The second case discussed by the Court is Tornello v. Hudspeth
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  24. Not surprisingly, perhaps, the order in the third case, Zimmerman v. Walker
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  25. Moreover, Harwell v. Morris
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  26. dispute, where the real issue was not the impact upon the voter, but the impact upon the candidates. Cf. Logan v. United
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  27. and its relationship to habeas corpus are exhaustively discussed in United States v. Hayman
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  28. U. S. 205 , 342 U. S. 210 -219. See also Heflin v. United
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  29. The Court mentions three other decisions, but apparently does not rest upon them. In McNally v. Hill
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  30. to the petitioner even before he commenced serving his second sentence. Id. at 293 U. S. 140 . Johnson v. Hoy
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  31. model of clarity, and it is natural enough that some -- though not all -- courts have been misled. Compare Siercovich v. McDonald
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  32. F.2d 118, and Adams v. Hiatt
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  33. F.2d 896, with Factor v. Fox
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  34. F.2d 626, 628-629, and Shelton v. United
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  35. States, 242 F.2d 101, 109-110. See also Anderson v. Corall
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  36. Wales v. Whitney
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  37. See Muskrat v. United
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  38. See United States v. Johnson
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  39. State v. Winthrop
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  40. People v. Marks
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  41. Village of Avon v. Popa
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  42. Roby v. State
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  43. Note, 103 U. of Pa.L.Rev. 772, 779-782, 795. But cf. St. Pierre v. United
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  44. cases have considerably undermined the philosophy of St. Pierre. See Pollard v. United
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  45. United States v. Morgan
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  46. Fiswick v. United
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  47. States, 329 U. S. 211 , 329 U. S. 220 -223. See also Lafferty v. District
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  48. United States v. Hines
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  49. See Walling v. James
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  50. Southern Pacific Terminal Co. v. Interstate
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