Legal Opinion

Commonwealth Ex Rel. DeSimone v. Cavell

Superior Court of Pennsylvania

Decided January 21, 1958No. Appeal, 159PublishedCited by 14 opinions

1Opinion of the Court

Opinion by

Rhodes, P. J.,

This proceeding is another example of the abuse of habeas corpus. Such repeated petitions by relator, an experienced offender, 1 manifest a lack of sincerity and an absence of any meritorious ground for a writ. The present petition filed on April 30, 1957, was the third petition by relator which has been presented to the Court of Common Pleas of Fayette County. The first petition filed October 27, 1954, was dismissed by the court on January 6, 1955. On appeal the order of the court below was affirmed in Com. ex rel. DeSimone v. Maroney, 179 Pa. Superior Ct. 300, 116 A.…

2Cases cited11 opinions

  1. Commonwealth Ex Rel. McGlinn v. SmithSupreme Court of Pennsylvania · 1942
  2. Commonwealth ex rel. Popovich v. ClaudySuperior Court of Pennsylvania · 1952
  3. Societe Internationale Pour Participations Industrielles et Commerciales S. A. v. BrownellSupreme Court of the United States · 1956
  4. Commonwealth ex rel. Richter v. BurkeSuperior Court of Pennsylvania · 1954
  5. Commonwealth Ex Rel. Berry v. TeesSuperior Court of Pennsylvania · 1955

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Joseph v. GluntSuperior Court of Pennsylvania · 2014
  2. Commonwealth v. DeSimoneSupreme Court of Pennsylvania · 1972
  3. Commonwealth v. WolfeSuperior Court of Pennsylvania · 1992
  4. Barber v. GladdenOregon Supreme Court · 1958
  5. Commonwealth Ex Rel. Spader v. MyersSuperior Court of Pennsylvania · 1961

9 more not listed; retrieve them via the Exa API.

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