Nielsen
Supreme Court of the United States
APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT OF THE TERRITORY OF UTAH. This was an appeal from a final order of the District Court for the First Judicial District of the Territory of Utah, refusing to issue a habeas corpus applied for by the petitióner, who prayed to be discharged from custody and imprisonment on a judgment rendered by said court on the 12th of March, 1889. The judgment was that' the petitioner, Hans Nielsen, having been convicted of the crime of adultery,…
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APPEAL FROM THE FIRST JUDICIAL DISTRICT COURT OF THE TERRITORY OF UTAH. This was an appeal from a final order of the District Court for the First Judicial District of the Territory of Utah, refusing to issue a habeas corpus applied for by the petitióner, who prayed to be discharged from custody and imprisonment on a judgment rendered by said court on the 12th of March, 1889. The judgment was that' the petitioner, Hans Nielsen, having been convicted of the crime of adultery, be imprisoned in the penitentiary of the territory for the term of 125 days. The appeal to this court is given by § 1909…
1Opinion of the CourtJustice Bradley
The first question to be considered, is, whether, if the petitioner’s position was true, that he had been convicted twice for the .same offence, and that the court erred in its decision, he could have relief by habeas corpus ?
The objection to the remedy of habeas corpus, of course, Would be, that there was in force a regular judgment of conviction, which could not be questioned collaterally, as it would have to be on habeas corpus. But there are exceptions to this rule which have more than once been acted upon by this court; It is firmly established that if the court which renders a judgment…
2Cases cited7 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte SieboldSupreme Court of the United States · 1880
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Ex Parte WilsonSupreme Court of the United States · 1885
- In Re SnowSupreme Court of the United States · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by634 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- North Carolina v. PearceSupreme Court of the United States · 1969
- Fay v. NoiaSupreme Court of the United States · 1963
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. DixonSupreme Court of the United States · 1993
629 more not listed; retrieve them via the Exa API.