MCGUIRE
v.
HUNTER, WARDEN
MCGUIRE
HUNTER, WARDEN
322 U.S. 710
Supreme Court of the United States (1944)
Positive Treatment
Cited by 6 cases
Per_curiam
Per Curiam:
The motions for leave to proceed in forma pauperis and to add to the record the order of the District Court for the Western District of Michigan, dated April 7, 1944, are granted. The petition for writ of certiorari is also granted. In view of the new issues raised by the order of April 7, 1944, and with the consent of the Solicitor General, the judgments of the Circuit Court of Appeals and of the District Court are vacated, and the cause is remanded to the District Court, with leave to each party to present further evidence upon the material issues of the case. Bernard C. McGuire, pro se. Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Robert S. Erdahl and W. Marvin Smith for respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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House v. Mayo, 324 U.S. 42 (U.S. 1945)…r, 124 Fla. 384, 401-404, 169 So. 58. The district court also referred to a denial by this Court of a petition for certiorari, filed here after the denial by the Florida Supreme Court of one of the applications for habeas corpus. See House v. Mayo, 322 U. S. 710. The [*48] district court thought that this was an expression “of the opinion that no meritorious question is presented by the matters of which petitioner here complains.” But as we have often said, a denial of certiorari by this Court imports no ex…
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Stonebreaker v. Smyth, 163 F.2d 498 (4th Cir. 1947)…se v. State 127 Fla. 145, 148, [*501] “The district court also referred to a denial by this Court of a petition for certiorari, filed here after the denial by the Florida Supreme Court of one of the applications for habeas corpus. See House v. Mayo, 322 U.S. 710, 64 S.Ct. 1058, [88 L.Ed. 1553], The district court thought that this was an expression ‘of the opinion that no meritorious question is presented by the matters of which petitioner here complains.’ But as we have often said, a denial of certiorari b…
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Shaver v. Ellis, 255 F.2d 509 (5th Cir. 1958)…e proper subject for executive clemency, but it affords no basis for judicial action.” Id., 23 F. 2d at page 328. It was set forth even more forcefully in McGuire v. Hunter, 10 Cir., 138 F. 2d 379, 381, judgment vacated and remanded on other grounds 322 U.S. 710, 64 S.Ct. 1053, 88 L.Ed. 1553: “ * * * confessions of the crime * * * completely absolving petitioner of any guilt therein * * afford no basis whatever for discharge on habeas corpus.” Cases of like import are not uncommon. See e. g., Hauck v. Hiatt…
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