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IN RE BOARDMAN, 169 U. S. 39 (1898)

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U.S. Supreme Court

In re Boardman, 169 U.S. 39 (1898)

In re Boardman

No number

Presented and denied January 7, 1898

169 U.S. 39


Application for leave to file a petition for a writ of habeas corpus will be denied if it be apparent that the only result, if the writ were issued, would be the remanding of the petitioner.

The action of a circuit court in refusing an appeal from a final order dismissing a petition for habeas corpus and denying the writ cannot be revised by this Court on habeas corpus.

The fact that, when an appeal from a final order of a circuit court, denying a writ of habeas corpus and dismissing the petition therefor of a person confined under state authority, has been prosecuted to this Court and the order affirmed, the state court proceeds to direct sentence of death to be enforced before the issue of the mandate from this Court, does not justify the interposition of this Court by the writ of habeas corpus.

Where the statutes of a state provide that execution under a sentence of death shall not be stayed by an appeal to the highest tribunal of the state unless a certificate of probable cause be granted as provided, and such certificate has been refused, and application for supersedeas denied, this Court cannot interfere on habeas corpus on the ground, if federal questions were raised on such appeal, that thereby the party condemned is deprived of the privilege or immunity of suing out a writ of error from this Court.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 169 U. S. 40

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