Supreme Court of the United States, 1957

Favors v. Coiner

Supreme Court of the United States · Decided April 29, 1957

353 U.S. 944; 77 S. Ct. 824; 1 L. Ed. 2d 855; 1957 U.S. LEXIS 1003 (United States Reports)

Counsel

David Oinsburg, acting under appointment by the Court, 352 U. S. 997, for petitioner. W. W. Barron, Attorney General of West Virginia, and Fred H. Caplan, Assistant Attorney General, for respondent.

Cases that cite this one

1 later published case cites this decision.

Brouzas v. City of Morgantown (W. Va. 1958)

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 of the Court

Per Curiam:

The Attorney General of West Virginia has agreed that this case should be remanded to the Supreme Court of Appeals of West Virginia for a hearing to determine the truth of the allegations made in the petition for writ of habeas corpus. If true, the allegations of that petition and the attached affidavit state a deprivation of constitutional rights under Mooney v. Holohan, 294 U. S. 103. Other contentions of deprivation of constitutional rights are pressed in the brief submitted to this Court on behalf of the petitioner. We express no opinion as to the validity of these contentions, but assume that they will be open to the petitioner on the hearing in the court below. The judgment of the Supreme Court of Appeals of West Virginia is vacated, and the cause is remanded for further proceedings not inconsistent with this opinion.

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