Ex parte Betz

Supreme Court of the United States October 14, 1946

Ex parte Betz, 329 U.S. 672 (1946)

Application, Appropriate, Are, Being, Black, Consideration, Corpus, Declined, Denied, Determined, Endo, Entertain, Hawk, Jurisdiction, Miscellaneous, Murphy, Petitions, Prejudice, Procedure, Questions, Ragen, Relief, See, Should, That, Took, Where

Opinion of the Court

The motions for leave to file petitions for writs of habeas corpus are denied for want of original jurisdiction.

Mr. Justice Black and Mr. Justice Rutledge are of the opinion that, as in Ex parte Hawk, 321 U. S. 114 (see also White v. Ragen, 324 U. S. 760, 765) where this Court declined to entertain an application for relief by habeas corpus, the petitions for habeas corpus should be denied without prejudice to their being filed in the appropriate District Court. See Ex parte Endo, 323 U. S. 283, 304-306. Mr. Justice Murphy is of the view that these petitions raise questions as to jurisdiction and proper procedure which should be heard and determined by this Court. Mr. Justice Jackson took no part in the consideration or decision of the application in No. 19, Miscellaneous.

Reference

Full Case Name: Ex parte Betz Ex parte Durant Ex parte Wills Ex parte Cutino Ex parte Walczak Ex parte McKinley and Ex parte Murphy
Cited By: 15 cases
Status: Published