BUSHNELL
v.
ELLIS, CORRECTIONS DIRECTOR

U.S. | 1961-05-22
No. 561
Mr. Justice Stewart took no part in the consideration or decision of this case., Mr. Justice Frankfurter and Mr. Justice Harlan join, dissenting.
366 U.S. 418 Supreme Court of the United States (1961) Positive Treatment
Also reported at: 6 L. Ed. 2d 386 · 81 S. Ct. 1356 · 1961 U.S. LEXIS 1117 · SCDB 1960-101
Cited by 18 cases
Per_curiam
Per Curiam.

Per Curiam.

The judgment of the Court of Criminal Appeals of Texas is reversed and the cause is remanded to that court with directions to grant petitioner a hearing upon his petition for a writ of habeas corpus. Uveges v. Pennsylvania, 335 U. S. 437; Cash v. Culver, 358 U. S. 633; McNeal v. Culver, 365 U. S. 109.

Mr. Justice Stewart took no part in the consideration or decision of this case.

Dissent
Mr. Justice Clark,

Mr. Justice Clark,

with whom

Mr. Justice Frankfurter and Mr. Justice Harlan join, dissenting.

This application for the issuance of a writ of habeas corpus was filed as an original action in the Court of Criminal Appeals of Texas. Neither the record, the briefs, nor argument of counsel indicates that such an action has ever been filed in a District Court of Texas as appears to be required by Texas procedure. See Ex parte Rodriguez , 169 Tex. Cr. R. _, 334 S. W. 2d 294 (1960); Ex parte Fitzpatrick, 167 Tex. Cr. R. 376, 320 S. W. 2d 683 (1959); Ex parte Brooks, 85 Tex. Cr. R. 397, 212 S. W. 956 (1919). The judgment of the Court of Criminal Appeals might, therefore, have been based upon an independent state ground. In this condition of the record, I would affirm the judgment without prejudice to the petitioner’s filing in any appropriate Texas District Court an application for a writ of habeas corpus to test out the validity of his detention. See Vernon’s Tex. Code Crim. Proc., Art. 119.

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  • Braniff Airways v. Civil Aeronautics Bd., 379 F.2d 453 (D.C. Cir. 1967)
    …Section 17(3) of the Interstate Commerce Act, 49 U.S.C. § 17 (3) (1964). See T.S.C. Motor Freight Lines, Inc. v. United States, 186 F.Supp. 777, 784-786 (S.D.Texas, 1960), aff’d per curiam sub nom. Herrin Transp. Co. v. United States, 366 U.S. 419, 81 S.Ct. 1356, 6 L.Ed.2d 387 (1961). See also Eastland Co. v. FCC, 67 App.D.C. 316, 319, 92 F. 2d 467, 470, cert. denied, 302 U.S. 735, 58 S.Ct. 120, 82 L.Ed. 568 (1937), construing the equivalent section of the Communications Act, Section 4 (j), 47 U.S.C. § 154(…
  • Pasco, Inc. v. Fed. Energy Admin., 525 F.2d 1391 (Temp. Emer. Ct. App. 1975)
    …n finding the procedures of an agency to be outside the purview of this section’s predecessor, 5 U.S.C. § 1002, the court in T.S.C. Motor Freight Lines, Inc. v. United States, 186 F.Supp. 777, 786 (S.D.Tex. 1960), affirmed, per curiam, 366 U.S. 419, 81 S.Ct. 1356, 6 L.Ed.2d 387 (1961), found that the unpublished procedure of notation voting by the Interstate Commerce Commission did not “purport to inform parties of the procedure which is to be taken for the presentation of matters to the Commission. It is no…
  • Rodolphe Noel v. Chapman, 508 F.2d 1023 (2d Cir. 1975)
    …ration that there was no requirement that the policy at issue be published pursuant to section 553(b). . See T.S.C. Motor Freight Lines, Inc. v. United States, 186 F.Supp. 777, 786 (S.D.Tex.1960) (three-judge court), aff’d per curiam, 366 U.S. 419, 81 S.Ct. 1356, 6 L.Ed.2d 387 (1961) (regulation governing internal management of an agency need not be published because it was not designed for the guidance of the public). . See also Nader v. Butterfield, 373 F.Supp. 1175, 1178 (D.D.C.1974); Continental Oil Co…

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