BURKE
v.
GEORGIA

U.S. | 1950-01-16
Nos. 176, Misc.
338 U.S. 941 Supreme Court of the United States (1950) Positive Treatment
Cited by 8 cases
Per_curiam
Per Curiam:

Per Curiam:

This is a petition for certiorari to review a decision of the Supreme Court of Georgia affirming denial of a motion to set aside a conviction made on the ground that into the conviction entered perjured testimony knowingly used by the prosecution. 205 Ga. 502, 54 S. E. 2d 348. Assuming that this decision denies to petitioner any relief whatever in the state courts unless the requirements of § 110-706 of the Georgia Code are satisfied, the petition for writ of certiorari is herewith denied, without prejudice to petitioner to seek in the appropriate United States District Court in Georgia whatever relief, if any, may be required by Mooney v. Holohan, 294 U. S. 103.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Darr v. Burford, 339 U.S. 200 (U.S. 1950)
    …tutional rights — problems made difficult by the frequent practice of state courts to dismiss the applications without opinion. If this Court has doubts concerning the basis of state court judgments, the matter may be handled as in Burke v. Georgia, 338 U. S. 941, with an express direction that the petitioner may proceed in the federal district court without prejudice from the denial of his petition for certiorari. If the District Court feels that error may have occurred, it has power to examine the applicat…
    1 / 2
  • United States ex rel. Smith v. Baldi, 192 F.2d 540 (3d Cir. 1951)
    …ghts his case would have been reviewed. That certiorari was refused shows, it is argued, that no such deprivation was even alleged. There was, it is pointed out, no such direction by the Supreme Court as there was in Burke v. State of Georgia, 1950, 338 U.S. 941, 70 S. Ct. 422, 94 L.Ed. 580, allowing petitioner to proceed in the federal district court without prejudice from the denial of his petition for certiorari. The last word on the subject by the Supreme Court is Darr v. Burford, 1950, 339 U.S. 200, 7…
  • Coggins v. O'Brien, 188 F.2d 130 (1st Cir. 1951)
    …need of an extensive review of the case's. Where the Supreme Court has had doubt concerning the basis of a state court judgment, it has remanded the case with a directive that the prisoner may proceed in the federal district court. Burke v. Georgia, 338 U.S. 941, 70 S.Ct. 422. As the court stated in Darr v. Burford, supra, 339 U.S. at page 215, 70 S.Ct. at page 596: “If this Court has doubts conr cerning the basis of state court judgments, the matter may be handled as in Burke v. Georgia, 338 U.S. 941, 70…
    1 / 2

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