In re Shuttlesworth
Cases that cite this one
28 later published cases cite this decision. The 24 that cite it most often are listed here.
- The New York Times Company v. Eugene Connor (5th Cir. 1966)
- M. J. Wiman, Warden v. Jimmy Argo, Alias, Jimmy Argo, Alias v. M. J. Wiman, Warden (5th Cir. 1962)
- United States Ex Rel. Keating v. Bensinger (District Court, N.D. Illinois 1971)
- Darell Nash, Sr. v. Michelle Eberlin (6th Cir. 2006)
- Miller v. Walker (District Court, W.D. New York 2006)
- Landano v. Rafferty (3d Cir. 1992)
- Stepney v. Lopes (United States District Court for the District of Connecticut 1984)
- Bates v. Estelle (District Court, S.D. Texas 1980)
- Atkins v. Michigan (District Court, E.D. Michigan 1980)
- Abbott v. Laurie (District Court, D. Rhode Island 1976)
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty. (Supreme Court of the United States 1973)
- Bobick v. Schaeffer (District Court, S.D. New York 1973)
- United States Ex Rel. Edwin A. Goodman v. H. William Kehl, Sheriff of New York County (2d Cir. 1972)
- Richard Lee Baldwin v. Andrew Lewis, Acting Superintendent of Milwaukee County Detention Home (7th Cir. 1971)
- Turco v. Maryland (District Court, D. Maryland 1971)
- United States ex rel. Pollack v. McGinnis (District Court, S.D. New York 1971)
- Simpson v. Spice (District Court, E.D. Wisconsin 1970)
- United States Ex Rel. Shakur v. Commissioner of Corrections (District Court, S.D. New York 1969)
- Fred L. Shuttlesworth v. City of Birmingham (5th Cir. 1968)
- Walker v. City of Birmingham (Supreme Court of the United States 1967)
- Noel Dana v. Raymond J. Tracy, Sheriff, Washington County (1st Cir. 1966)
- Shuttlesworth v. State (Ala. Ct. App. 1962)
- Ex parte Jordan (Ala. Ct. App. 1962)
- Hudler v. Union County (District Court, M.D. Pennsylvania 2021)
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
Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U. S. C. § 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U. S. 521, 522, we grant it as such, vacate the order of the Court of Appeals, and remand the case to the District Court with instructions to hold the matter while petitioner pursues his state remedies (as indicated in the opinion of Judge Rives denying a certificate of probable cause), including an application for bail to state courts pending disposition of petitioner’s application for state relief. In the event of failure to secure such relief, or to secure admission to bail pending such relief within five (5) days from the date of application for bail, petitioner may, upon appropriate showing, proceed on this application in the United States District Court which may then consider all state remedies exhausted and proceed to hear and determine the cause, including any application for bail pending that court’s final disposition of the matter. The Clerk is directed to issue the judgment forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.