SCHECTMAN

v.

FOSTER, WARDEN

Citator

Cited By (12 total)

• Rose v. Lundy, 455 U.S. 509 (U.S. 1982)
  …ose “ ‘fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.’ ” Ibid. (quoting Hebert v. Louisiana, 272 U. S. 312, 316). In Schechtman v. Foster, 172 F. 2d 339, 341 (CA2 1949), cert. denied, 339 U. S. 924, Judge Learned Hand wrote for the court, in affirming a denial of a habeas corpus petition alleging intentional use of peijured testimony, that “[i]f the [state] judge who denied that [claim] did in fact consider the evidence as a whole, and if he d…
• Rose v. Mitchell, 443 U.S. 545 (U.S. 1979)
  …rt today. Originally, this writ was granted only when the criminal trial court had been without jurisdiction to entertain the action. See, e. g., Ex parte Watkins, 3 Pet. 193, 202 (1830); Schechtman v. Foster, 172 F. 2d 339 (CA2 1949), cert. denied, 339 U. S. 924 (1950); Schneckloth v. Bustamonte, 412 U. S. 218, 254 (1973) (Powell, J., concurring); Oaks, Legal History in the High Court — -Habeas Corpus, 64 Mich. L. Rev. 451, 468 (1966); Bator, Finality in Criminal Law and Federal Habeas Corpus for State Pri…
• Odell v. Hudspeth, 189 F.2d 300 (10th Cir. 1951)
  …, 40 L.Ed. 432; In re Wood, 140 U.S. 278, 11 S.Ct. 738, 35 L.Ed. 505; Cook v. Hart, 146 U.S. 183, 13 S.Ct. 40, 36 L.Ed. 934; McElvaine v. Brush, 142 U.S. 155, 12 S.Ct. 156, 35 L.Ed. 971; Schechtman v. Foster, 2 Cir., 172 F. 2d 339, certiorari denied 339 U.S. 924, 70 S.Ct. 613. We do not say that a remedy is not available in federal courts where it is clear that the trial in a criminal case was a farce, dominated by a mob, or the conduct of the citizens of the community and its officers prevented a fair and…