Legal Opinion
Curran v. Woolley
Supreme Court of Delaware
Decided May 6, 1954No. 3PublishedCited by 52 opinions
1Opinion of the Court
WOLLCOTT, J.:
The question raised by this appeal is one of procedure. The appellants, hereinafter referred to as the petitioners, contend that they have a right to proceed to a hearing on the merits of their contention that they are illegally imprisoned by way of petition for a writ of habeas corpus. The Board of Trustees, hereinafter referred to as the State, maintain, however, that the petitioners must first exhaust the remedies available to them under Rule 35 of the Criminal Rules of the Superior Court before they may be heard upon a petition for a writ of habeas corpus.
Rule 35 of the…
2Cases cited3 opinions
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Carter v. IllinoisSupreme Court of the United States · 1946
- Biddle v. Board of Trustees of New Castle County WorkhouseSuperior Court of Delaware · 1927
3Cited by52 opinions
- Francis J. Curran, Francis J. Maguire and Ira F. Jones, Jr. v. State of DelawareCourt of Appeals for the Third Circuit · 1958
- George L. Reynolds v. Jack C. Ellingsworth, Warden and Charles M. Oberly, IIICourt of Appeals for the Third Circuit · 1988
- Mills v. StateSupreme Court of Delaware · 1969
- Hall v. CarrSupreme Court of Delaware · 1997
- Jones v. AndersonSupreme Court of Delaware · 1962
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