CAMPBELL
v.
MAYO
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The court held that a certificate of probable cause is a jurisdictional prerequisite for an appeal in a habeas corpus proceeding involving state court process.
Appellant sought to appeal a habeas corpus decision but failed to obtain a certificate of probable cause from the district court. Appellee moved to di…
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PER CURIAM.
This appeal is from “a final decision by a court of the United States in a proceeding in habeas corpus where the detention complained of is by virtue of process issued out of a state court”. Under the provisions of Section 466, Title 28 U.S.C.A., a certificate of probable cause is a jurisdictional prerequisite to such an appeal.1 For want of that certificate, appellee moves to dismiss the appeal. Appellant admits that he did not apply to the district judge for, and the judge did not issue to him, a certificate of probable cause. He insists, though, that the record contains an abundance of evidence to show that there exists probable cause for his appeal and applies to this court for the issuance of a certificate.
A careful examination of the record tendered in support of this claim, instead of showing the existence of probable cause as claimed by him, shows quite the contrary. The certificate applied for is denied and the appeal is dismissed.
Bilik v. Strassheim, 212 U.S. 551, 29 S.Ct. 684, 53 L.Ed. 649; Ex parte Patrick, 212 U.S. 555, 29 S.Ct. 686, 53 L.Ed. 650; House v. Mayo, 5 Cir., 147 F. 2d 606.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brite v. People of State of Cal., 178 F.2d 925 (9th Cir. 1949)
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Baker v. Ellis, 204 F.2d 353 (5th Cir. 1953)
Authorities Cited
- Bilik v. Strassheim, 212 U.S. 551 (U.S. 1908)
- Ex parte Patrick, 212 U.S. 555 (U.S. 1908)
- House v. Mayo, 147 F.2d 606 (5th Cir. 1944)
- Powell v. Meyer, 147 F.2d 606 (3d Cir. 1945)