Legal Opinion

Dunlap v. Swope

Court of Appeals for the Ninth Circuit

Decided March 27, 1939No. 9029PublishedCited by 12 opinions

1Opinion of the Court

DENMAN, Circuit Judge.

This is an appeal from an order of the district court dismissing appellant Dunlap’s petition for a writ of habeas corpus. Appellant presented his case below in propria persona, and he has filed a brief here. He is without means to employ an attorney and has moved this court to cause appellee Swope, the Warden of the penitentiary in which he is confined, to bring him before us to argue his appeal.

The personal presence of a prisoner is not necessary to confer jurisdiction to consider his appeal, even were it from a judgment in a capital case. Schwab v. Berggren, 143 U.S.…

2Cases cited3 opinions

  1. McNally v. HillSupreme Court of the United States · 1934
  2. Schwab v. BerggrenSupreme Court of the United States · 1892
  3. In re Vortex Cup Co.Court of Customs and Patent Appeals · 1936

3Cited by12 opinions

  1. Nathaniel Brown v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
  2. Caryl Chessman v. Harley O. Teets, Warden, California State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1956
  3. Lovvorn v. JohnstonCourt of Appeals for the Ninth Circuit · 1941
  4. United States v. Commonwealth of PennsylvaniaDistrict Court, W.D. Pennsylvania · 1963
  5. John Lee v. E. B. Swope, Warden, United States Penitentiary, Alcatraz, CaliforniaCourt of Appeals for the Ninth Circuit · 1955

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API