LEIGH
v.
ANDERSON, JAIL SUPERINTENDENT, ET AL.

U.S. | 1963-06-10
Nos. 1283, Misc.
374 U.S. 816 Supreme Court of the United States (1963) Positive Treatment
Cited by 4 cases

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  • Fitzsimmons v. Yeager, 391 F.2d 849 (3d Cir. 1968)
    …sed on the ground that the issuance of a certificate of probable cause is a condition precedent to the perfection of an appeal. In Commonwealth of Pennsylvania ex rel. Ricks v. Maroney, 314 F. 2d 339 (3 Cir.), cert. denied sub nom. Ricks v. Maroney, 374 U.S. 816, 83 S.Ct. 1711, 10 L.Ed.2d 1039 (1963), another panel denied per curiam an application for a certificate of probable cause because it was lodged with our Clerk more than thirty days after the denial of the petition for habeas corpus. Under our prac…
  • …tion to entertain the appeal and that the certificate of probable cause and stay of execution were improvidently granted”. In Commonwealth of Pennsylvania ex rel. Ricks v. Maroney, 3 Cir., 314 F. 2d 339 (1963), cert. den. sub nom. Ricks v. Maroney, 374 U.S. 816, 83 S.Ct. 1711, 10 L.Ed.2d 1039, we held that where the time for appeal from an order of the District Court had expired this Court could not grant a certificate of probable cause or leave to appeal in forma pauperis. There the District Court had den…

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