Legal Opinion
United States ex rel. Siegal v. Follette
District Court, S.D. New York
Decided September 25, 1968No. Nos. 68-Civ. 3060, 68-Civ. 3059PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
CROAKE, District Judge.
Petitioners have applied to this court for certificates of probable cause to enable them to appeal the denial of their petitions for writs of habeas corpus to the Court of Appeals.
Congress has required state prisoners appealing denials of federal habeas corpus to obtain certificates of probable cause1 in order to eliminate frivolous appeals.2 A certificate is therefore issued only if there is a substantial question of law for the court of appeals to review.3 There is no substantial question in this case.
In the memorandum supporting their application for…
2Cases cited14 opinions
- Hudson v. ParkerSupreme Court of the United States · 1895
- United States v. MotlowCourt of Appeals for the Seventh Circuit · 1926
- Ex Parte FarrellCourt of Appeals for the First Circuit · 1951
- Dupree Poe v. Clarence T. Gladden, Warden of the Oregon State Pententiary, Salem, OregonCourt of Appeals for the Ninth Circuit · 1961
- Rousseau v. District Court of Appeal of CaliforniaSupreme Court of the United States · 1957
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3Cited by4 opinions
- Charles Alexander v. David Harris, as Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
- United States Ex Rel. Winfield v. CasclesDistrict Court, E.D. New York · 1975
- Vera v. BetoDistrict Court, S.D. Texas · 1971
- Charles Alexander v. David Harris, as Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1979