ROSENBERG ET AL.
v.
DENNO, WARDEN
Per Curiam.
The motion for leave to file petition for an original writ of habeas corpus is denied.
Mr. Justice Black dissents.
Mr. Justice Frankfurter. The disposition of an application to this Court for habeas corpus is so rarely to be made by this Court directly that Congress has given the Court authority to transfer such an application to an appropriate district court. 28 U. S. C. § 2241. I do not favor such a disposition of this application because the substance of the allegations now made has already been considered by the District Court for the Southern District of New York and on review by the Court of Appeals for the Second Circuit. Neither can I join the Court in denying the application without more. I would set the application down for hearing before the full Court tomorrow forenoon. Oral argument frequently has a force beyond what the written word conveys.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Kerfert Butler Adams v. Culver, 111 So. 2d 665 (Fla. 1959)…ense, a single act or transaction may violate both statutes and the violator may be prosecuted under either. See United States v. Beacon Brass Co., 1952, 344 U.S. 43, 45, 73 S.Ct. 77, 97 L.Ed. 61; Rosenberg v. United States, 1953, 346 U.S. 273, 274, 73 S.Ct. 1152, 97 L.Ed. 1607; United States v. Lamb, D.C. Cal.1957, 150 F.Supp. 310; Pereira v. United States, 1953, 347 U.S. 1, 9, 74 S.Ct. 358, 98 L.Ed.; cf. Faulkner v. State, 1941, 146 Fla. 769, 1 So. 2d 857 (decided prior to the enactment of § 800.04, supra,…
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The Wilderness Soc'y v. Rogers C. B. Morton, 479 F.2d 842 (D.C. Cir. 1973)…erpreting statutes inconsistencies are to be avoided and repeal by implication found only where there is a “positive repugnancy” between the two or where the intention to repeal is “clear and manifest.” Rosenberg v. United States, 346 U.S. 273, 295, 73 S.Ct. 1152, 97 L.Ed. 1607 (1953) (Mr. Justice Clark, concurring); United States v. Borden Co., 308 U.S. 188, 199, 60 S.Ct. 182, 84 L.Ed. 181 (1939). In the case of Section 28, we cannot find [*881] any such positive repugnancy or any such manifest intent to…
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Rosenberg v. United States, 346 U.S. 273 (U.S. 1953)…344 U. S. 889, 345 U. S. 965. Partial disclosure of votes on successive stages of a certiorari proceeding does not present an accurate picture of what took place. “Mr. Justice Black is of the opinion the petition for rehearing should be granted.” 346 U. S. 271. The full text of the order, Journal, June 15, 1953, p. 256, reads: “The motion for leave to file petition for an original writ of habeas corpus is'denied. Mr. Justice Black dissents. “Mr. Justice Frankfurter: “ ‘The disposition of an application…
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