Legal Opinion

Lambert v. Barrett

Supreme Court of the United States

Decided November 25, 1895No. 771PublishedCited by 20 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This is an appeal from a final order of the Circuit Court of the United States for the District of New Jersey, denying the petition of Theodore Lambert for a writ of habeas corpus.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEW JERSEY. This is an appeal from a final order of the Circuit Court of the United States for the District of New Jersey, denying the petition of Theodore Lambert for a writ of habeas corpus. It appeared from the petition that Lambert was convicted by the verdict of a jury, June 15, 1894, of the murder of William Kairer, in the court of oyer and. terminer and general jail delivery of Camden County, New Jersey, and sentenced, October 13. to be hanged on December 13,1894; that on the fourth of December the governor of New…

1Opinion of the Court

Me. Chief J ustice Fullee,

after stating the case, delivered the opinion of the court.

By section 766 of the Revised Statutes, where an appeal from the final, decision of a Circuit Court of the United States, denying the writ of habeas corpus to a person alleging restraint of- his liberty by state authority in violation of the Constitution or laws of the United States, is “in process of bping heard and determined,” any proceeding against such person in respect of the matter under consideration is to be deemed null and void. As no order staying proceedings under state authority is made a…

2Cases cited6 opinions

  1. Schwab v. BerggrenSupreme Court of the United States · 1892
  2. Holden v. MinnesotaSupreme Court of the United States · 1890
  3. In Re Shibuya JugiroSupreme Court of the United States · 1891
  4. McElvaine v. BrushSupreme Court of the United States · 1891
  5. Lambert v. BarrettSupreme Court of the United States · 1895

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3Cited by20 opinions

  1. Barefoot v. EstelleSupreme Court of the United States · 1983
  2. Ramirez v. CollierSupreme Court of the United States · 2022
  3. State v. DavisSupreme Court of New Jersey · 1984
  4. William Lee Thompson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1983
  5. Rogers v. PeckSupreme Court of the United States · 1905

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