Supreme Court of the United States, 1960

Sublett v. Adams

Supreme Court of the United States · Decided March 7, 1960 · Per Curiam

362 U.S. 143; 80 S. Ct. 527; 4 L. Ed. 2d 612; 1960 U.S. LEXIS 1521 (United States Reports)

Counsel

Petitioner pro se., W. W. Barron, Attorney General of West Virginia, and Fred H. Caplan, Assistant Attorney General, for respondent.

Cases that cite this one

3 later published cases cite this decision.

State Ex Rel. Sublett v. Adams (W. Va. 1960)
Cooper v. Wiman (Ala. 1962)
Wilde v. Wyoming (Supreme Court of the United States 1960)

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

Per Curiam.

The motion to proceed in forma pauperis and the petition for writ of certiorari are granted. Petitioner filed a petition for a writ of habeas corpus in the Supreme Court of Appeals of West Virginia. Petitioner charged that he was being held in prison without lawful authority and in violation of due process of law under the Fourteenth Amendment. The West Virginia Supreme Court of Appeals refused the writ without either a hearing or a response from the State.

We hold that the facts alleged are such as to entitle petitioner to a hearing under Herman v. Claudy, 350 U. S. 116. The judgment is vacated and the case remanded to the Supreme Court of Appeals of West Virginia for proceedings not inconsistent with this opinion.

The Chief Justice took no part in the consideration or decision of this case.

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