Legal Opinion

Brosius v. Botkin

Court of Appeals for the D.C. Circuit

Decided March 4, 1940No. Orig. No. 3231PublishedCited by 9 opinions

1Per curiam

Since the petition for writ of habeas corpus has been addressed to the Court, it must be denied. No statute confers upon this Court jurisdiction to entertain such an original petition. Even if the petition be addressed to an individual judge of the Court, it should be denied. The appropriate procedure is to address a petition to the District Court or one of the twelve judges thereof. Whitaker v. Johnston, 9 Cir., 85 F.2d 199; Ex parte Davis, 9 Cir., 54 F.2d 723. Since the petitioner has already addressed the District Court and has filed his notice of appeal to this Court, there is all the…

2Cases cited2 opinions

  1. Ex Parte DavisCourt of Appeals for the Ninth Circuit · 1931
  2. Whitaker v. JohnstonCourt of Appeals for the Ninth Circuit · 1936

3Cited by9 opinions

  1. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945
  2. Beard v. BennettCourt of Appeals for the D.C. Circuit · 1940
  3. Posey v. DowdCourt of Appeals for the Seventh Circuit · 1943
  4. Chamberlain v. DelgadoSupreme Court of Puerto Rico · 1960
  5. Dorsey v. GillCourt of Appeals for the D.C. Circuit · 1945

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