Legal Opinion
United States of America Ex Rel. Donald Tillery v. Angelo C. Cavell, Warden, Western State Penitentiary, Pittsburgh 33, Pennsylvania
Court of Appeals for the Third Circuit
Decided July 18, 1961No. 13324PublishedCited by 46 opinions
1Opinion of the Court
FORMAN, Circuit Judge.
This is an appeal by Angelo C. Cavell, 1 Warden of the Western State Penitentiary of Pennsylvania, from an order of the United States District Court of the Western District of Pennsylvania, discharging Donald Tillery from custody in that prison following his petition for a writ of habeas corpus.
At the outset we are met with a motion by Tillery to quash the appeal for lack of jurisdiction because the appellant Warden failed to obtain a certificate of probable cause in. accordance with the provisions of § 2253 of Title 28 U.S.C.A., which reads in pertinent part as follows:
“…
2Cases cited43 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Snowden v. HughesSupreme Court of the United States · 1944
- Rogers v. RichmondSupreme Court of the United States · 1961
38 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Government of Virgin Islands v. GereauCourt of Appeals for the Third Circuit · 1974
- Charles Earl Brubaker v. Fred R. Dickson, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1962
- United States of America Ex Rel. Carl G. Gerchman v. James F. Maroney, Superintendent State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1966
- Commonwealth v. JohnsonSuperior Court of Pennsylvania · 1967
41 more not listed; retrieve them via the Exa API.