In re Shuttlesworth, 369 U.S. 35 <I>(per curiam)</I> (1962 00:00:00)
U.S. Supreme Court, (February 26, 1962)
Docket number: 1073,
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RSSU.S. Supreme Court - Walker v. Birmingham, 388 U.S. 307 (1967 00:00:00)
U.S. Court of Appeals for the 3rd Cir. - Vincent James Landano v. John J. Rafferty, Superintendent, Rahway State Prison, Irwin I. Kimmelman, Attorney General of the State of New Jersey. State of New Jersey, John J. Rafferty, Superintendent, East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. Vincent James Landano v. John J. Rafferty, Superintendent, East Jersey State Prison, Peter Perretti, Attorney General, State of New Jersey, Leslie Fay Schwartz, Deputy Attorney General, the Office of the Hudson County Prosecutor; Kearny Police Department, Newark Police Department, Jersey City Police Department, and Perth Amboy Police Department, State of New Jersey, John J. Rafferty, Superintendent East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. John J. Rafferty, Superintendent, East New Jersey State Prison, and Robert Del Tufo, Attorney General of the State of New Jersey, Appellants, v. Vincent James Landano., 970 F.2d 1230 (3rd Cir. 1992 00:00:00) Superintendent, Rahway State Prison, Irwin I. Kimmelman, Attorney General of the State of New Jersey. State of New Jersey, John J. Rafferty, Superintendent, East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. Vincent James Landano v. John J. Rafferty, Superintendent, East Jersey State Prison, Peter Perretti, Attorney General, State of New Jersey, Leslie Fay Schwartz, Deputy Attorney General, the Office of the Hudson County Prosecutor; Kearny Police Department, Newark Police Department, Jersey City Police Department, and Perth Amboy Police Department, State of New Jersey, John J. Rafferty, Superintendent East New Jersey State Prison, Robert Del Tufo, Attorney General of State of New Jersey, Appellants. John J. Rafferty, Superintendent, East New Jersey State Prison, and Robert Del Tufo, Attorney General of the State of New Jersey, Appellants, v. Vincent James Landano.
U.S. Supreme Court IN RE SHUTTLESWORTH, 369 U.S. 35 (1962) 369 U.S. 35
IN RE SHUTTLESWORTH. MOTION FOR LEAVE TO FILE PETITION FOR WRIT OF HABEAS CORPUS. No. 1073, Misc. Decided February 26, 1962. Certiorari granted; order of Court of Appeals vacated; case remanded to District Court with instructions. William M. Kunstler for petitioner. PER CURIAM. Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U.S.C. 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U.S. 521, 522, we grant it as such, vacate the order of the Court of Appeals, and remand the case to the District Court with instructions to hold the matter while petitioner pursues his state remedies (as indicated in the opinion of Judge Rives denying a certificate of probable cause), including an application for bail to state courts pending disposition of petitioner's application for state relief. In the event of failure to secure such relief, or to secure admission to bail pending such relief within five (5) days from the date of application for bail, petitioner may, upon appropriate showing, proceed on this application in the United States District Court which may then consider all state remedies exhausted and proceed to hear and determine the cause, including any application for bail pending that court's final disposition of the matter. The Clerk is directed to issue the judgment forthwith. [Page 369 U.S. 35, 36]