Legal Opinion
Smith v. Johnston
Court of Appeals for the Ninth Circuit
Decided January 15, 1940PublishedCited by 26 opinions
1Opinion of the Court
WILBUR, Circuit Judge.
Application has been filed in each of the above entitled cases for an order authorizing the prosecution of an appeal in forma pauperis from an order of the District Court denying relief upon a .petition for writ of habeas corpus filed therein by the petitioner.
In each case the petitioner is in custody because of a conviction for a violation of a statute of the United States. Hence, the provisions of 28 U.S.C.A. § 466 requiring a certificate of .probable cause in an appeal where the petitioner is in custody for a violation of a state law are not applicable.
The right to…
2Cases cited15 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Kinney v. Plymouth Rock Squab Co.Supreme Court of the United States · 1915
- In re WraggSupreme Court of the United States · 1938
- Brinkley v. Louisville & N. R. Co.U.S. Circuit Court for the District of Western Tennessee · 1899
- De Maurez v. SwopeCourt of Appeals for the Ninth Circuit · 1938
10 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oddo v. United StatesCourt of Appeals for the Second Circuit · 1949
- Gerald Glen Boyden v. Commissioner of PatentsCourt of Appeals for the D.C. Circuit · 1971
- Waterman v. McMillanCourt of Appeals for the D.C. Circuit · 1943
- Mondakota Gas Co. v. Montana-Dakota Utilities Co.Court of Appeals for the Ninth Circuit · 1952
- Turkett v. United StatesDistrict Court, N.D. New York · 1948
21 more not listed; retrieve them via the Exa API.