Legal Opinion

Ex Parte Dorr

Supreme Court of the United States

Decided December 27, 1844PublishedCited by 51 opinions

'Mr. Treadwell moved for,a writ of habeas corpus to bring up Thomas-W. Dorr, of Rhode Island, under the’ following circutn-stances :•— He stated that Dorr was charged with levying war against the state of Rhode Island, and sentenced to the' state’s prison for life, in June, 1844; that upon the trial a point of law was raised, whether treason could be committed against a state, but the court would riot permit counsel to argué it; that a motion was made to suspend' the…

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'Mr. Treadwell moved for,a writ of habeas corpus to bring up Thomas-W. Dorr, of Rhode Island, under the’ following circutn-stances :•— He stated that Dorr was charged with levying war against the state of Rhode Island, and sentenced to the' state’s prison for life, in June, 1844; that upon the trial a point of law was raised, whether treason could be committed against a state, but the court would riot permit counsel to argué it; that a motion was made to suspend' the sentence until a writ of error could be sued out to bring the case .before the. Supreme Court of the United States, but the…

1Opinion of the CourtJustice McLEAN

'Thomas ,W. Dorr' was convicted before the Supreme Court of Rhode Island, at'March term, 1844, of. treason against the state of Rhode,Island, and .sentenced to the state’s prison for life. And it appears from the" affidavits of Francis C. Treadwell, a cotmsellor at law of this court, and others, , that personal access to Dorr, in his confinement, to ascertain whether he .desires a writ of error to remove the record of his. convictiori to this court, has been refused. On this ground the above application has been ihadé.

Have the court power to issue a writ of habeas corpus in this case? This is…

2Cited by51 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Fay v. NoiaSupreme Court of the United States · 1963
  3. Felker v. TurpinSupreme Court of the United States · 1996
  4. In Re BurrusSupreme Court of the United States · 1890
  5. Aaron Lindh v. James P. Murphy, WardenCourt of Appeals for the Seventh Circuit · 1996

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