Supreme Court of the United States, 1902

Reid v. Jones

Supreme Court of the United States · Decided December 1, 1902 · Harlan

187 U.S. 153; 23 S. Ct. 89; 47 L. Ed. 116; 1902 U.S. LEXIS 802 (United States Reports)

Counsel

Mr. John K. Denison and Mr. William M. Springer for appellant., Mr. Frederic D. McKenney for appellee. Mr. Charles C. Post, attorney general of the State of Colorado, was with him on the brief.

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

Albert Moore v. John Deyoung, Warden, Passaic County Jail, and Frank Davenport, Sheriff (3d Cir. 1975)
Novotny v. Ragen (7th Cir. 1937)
United States Ex Rel. Bryant v. Shapp (United States District Court for the District of Delaware 1976)
United States ex rel. Bryant v. Shapp (United States District Court for the District of Delaware 1976)
United States Ex Rel. Triano v. SUPERIOR CT. OF NJ (District Court, D. New Jersey 1975)
Davis v. O'connell, Chief of Police (8th Cir. 1950)
Darr v. Burford (10th Cir. 1949)
Ex parte Roberts (District Court, W.D. Virginia 1945)
Kelly v. Dowd (7th Cir. 1944)
Hawk v. Olson (8th Cir. 1942)
Hawk v. Olson (8th Cir. 1942)
United States ex rel. Lesser v. New York (District Court, W.D. New York 1940)
United States ex rel. Jorczak v. Ragen (7th Cir. 1939)
Hall v. People of State of California (9th Cir. 1935)
Mooney v. Holohan (United States District Court for the Northern District of California 1934)
Ex parte Coatz (District Court, W.D. Washington 1917)
Walters v. McKinnis (District Court, W.D. Pennsylvania 1915)
Fay v. Noia (Supreme Court of the United States 1963)
Darr v. Burford (Supreme Court of the United States 1950)
Stephenson v. Daly (District Court, N.D. Indiana 1932)
Ex parte Shears (District Court, W.D. Washington 1920)
Ex parte Merrill (District Court, E.D. Michigan 1917)
Ex parte Bartlett (District Court, E.D. Wisconsin 1912)
Ex parte Bass (U.S. Circuit Court for the District of Western Arkansas 1912)
Ex parte Counort (U.S. Circuit Court for the District of Eastern Washington 1911)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*154 Me. Justice Haelah

delivered the opinion of the court.

After the appellant Eeid had been convicted and sentenced, as shown in the case just decided, he was arrested upon a mit-timus sued out by the State. He immediately obtained a writ of habeas corpus from the Circuit Court of the United States for the District of Colorado. But that court, upon hearing, remanded the prisoner to the custody of the State authorities, and dismissed his application to be discharged. He thereupon prayed and was allowed an appeal to this court.

The merits of this case have been fully considered in case No. 269, Reid v. Colorado, ante, 137. But if this had not been, we should dismiss the present appeal; for, one convicted in a State court for an alleged violation of the criminal statutes of the State, and who contends that he is held in violation of the Constitution of the United States, must ordinarily first take his case to the highest court of the State, in which the judgment could be reviewed, and thence bring it, if unsuccessful there, to this court by writ of error; that only in certain exceptional cases, of which the present is not one, will a Circuit Court of •the Unitéd States, or this court upon appeal from a Circuit Court, intervene by writ of habeas corpus in advance of the final action by the highest court of the State. Ex parte Royall, 117 U. S. 241, 251; New York v. Eno, 155 U. S. 89; Minnesota v. Brundage, 180 U. S. 499, 502, and authorities cited.

The judgment is

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.