MARKS

v.

RAGEN, WARDEN; JAMES V. RAGEN, WARDEN

Citator

Cited By

• Gusik v. Schilder, 340 U.S. 128 (U.S. 1950)
  …e time resort was had to the federal courts or was subsequently created, as indeed is implicit in cases from a state court whose review we denied pending exhaustion of a newly created state remedy. See Walker v. Ragen, 338 U. S. 833; Marks v. Ragen, 339 U. S. 926. Such a principle of judicial administration is in no sense a suspension of the writ of habeas corpus. It is merely a deferment of resort to the writ until other corrective procedures are shown to be futile. An argument is woven around the finality…
• United States v. Herrera, 584 F.2d 1137 (2d Cir. 1978)
  …247 U.S. 484, 38 S.Ct. 558, 62 L.Ed. 1226 (1918). It is, of course, a prerequisite that he establish in himself the claimed right which is alleged to be infringed. Wissner v. Wissner, 338 U.S. 655, 70 S.Ct. 398, 94 L.Ed. 424 (1950), rehearing denied 339 U.S. 926, 70 S.Ct. 619, 94 L.Ed. 424 (1950). A person ordinarily is precluded from challenging the constitutionality of statutes invoking the rights of others. Barrows v. Jackson, 346 U.S. 249, 73 S.Ct. 1031, 97 L.Ed. 1586 (1953) rehearing denied, 346 U.S. 8…
• United States ex rel. Thomas Kling v. LaVALLEE, 306 F.2d 199 (2d Cir. 1962)
  …ond, not to speak of a third or a fourth, might well invite the reproach that it is the prisoner rather than the state remedy that is being exhausted. I do not read Walker v. Ragen, 338 U.S. 833, 70 S.Ct. 37, 94 L.Ed. 507 (1949), and Marks v. Ragen, 339 U.S. 926, 70 S.Ct. 613, 94 L.Ed. 1347 (1950), as going so far. See my dissent from the denial of a certificate of probable cause and leave to appeal in forma pauperis in United States ex rel. Buckley v. Wilkins, decided June 15, 1962. However, sound judgme…