Legal Opinion

In re Moyer

Supreme Court of Colorado

Decided September 15, 1905No. 4828PublishedCited by 25 opinions

Original Application for Writ of Habeas Corpus.

1Opinion of the CourtChief Justice G-abbert

Counsel for petitioner contend that on the facts above stated he is entitled to his discharge because the governor has no power to suspend the privilege of the writ of habeas corpus or declare martial law; or that, if he has such power, he has not assumed to exercise it. Special counsel representing the respondents controverts these propositions, and further contends that this court is without jurisdiction to- proceed further than to deny the relief demanded, or remand the petitioner to their custody. The attorney general claims that the governor, independent of the questions of his power to…

2Cases cited6 opinions

  1. Luther v. BordenSupreme Court of the United States · 1849
  2. Martin v. MottSupreme Court of the United States · 1827
  3. People ex rel. Alexander v. District CourtSupreme Court of Colorado · 1901
  4. Johnson v. JonesIllinois Supreme Court · 1867
  5. In re KempWisconsin Supreme Court · 1863

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3Cited by25 opinions

  1. Sterling v. ConstantinSupreme Court of the United States · 1932
  2. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928
  3. Constantin v. SmithDistrict Court, E.D. Texas · 1932
  4. Town of Erie v. EasonSupreme Court of Colorado · 2001
  5. In re McDonaldMontana Supreme Court · 1914

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