Legal Opinion
In Re Application of Burwell
Supreme Court of the United States
Decided April 2, 1956No. 736PublishedCited by 32 opinions
1Per curiam
The Court of Appeals for the Ninth Circuit has certified to this Court the following three questions:
“(1) Has Congress created in the Court of Appeals, as a court, the jurisdiction to issue a certificate of probable cause, sought from the court, as a court, by the provisions of 28 U. S. C. § 2253, replacing the repealed 28 U. S. C. § 466?
“(2) If the Supreme Court holds that Congress has not given the Courts of Appeal such jurisdiction, did the Supreme Court create that jurisdiction, by its per curiam opinion, rendered without argument, which failed to consider 28 U. S. C. § 2253 and was based…
2Cases cited5 opinions
- House v. MayoSupreme Court of the United States · 1945
- Western Pacific Railroad Corp. v. Western Pacific Railroad Co.Supreme Court of the United States · 1953
- United States v. RosenburghSupreme Court of the United States · 1869
- Burwell v. TeetsSupreme Court of the United States · 1955
- Rogers v. TeetsSupreme Court of the United States · 1955
3Cited by32 opinions
- Hohn v. United StatesSupreme Court of the United States · 1998
- David Isaiah Garris v. Charles S. Lindsay, Administrator, Maximum Security FacilityCourt of Appeals for the D.C. Circuit · 1986
- James Dean Clark v. Samuel A. Lewis, Director, Arizona Department of Corrections and Roger Crist, Warden, Arizona State PrisonCourt of Appeals for the Ninth Circuit · 1993
- John Christopher Sawyers v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1993
- Willie Gray Dixon, Jr. v. State of FloridaCourt of Appeals for the Fifth Circuit · 1968
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