SMITH v. O'GRADY

No. 364.

312 U.S. 329 (1941)

SMITH v. O'GRADY, WARDEN.

Supreme Court of United States.

Decided February 17, 1941.


Attorney(s) appearing for the Case

Mr. William L. Marbury, Jr., for petitioner, acting under an assignment by the Court.

Mr. Clarence S. Beck, Assistant Attorney General of Nebraska, with whom Messrs. Walter R. Johnson, Attorney General, H. Emerson Kokjer, and Charles F. Bongardt, Assistant Attorneys General, were on the brief, for respondent.


MR. JUSTICE BLACK delivered the opinion of the Court.

The question presented is whether petitioner's application for writ of habeas corpus filed in a Nebraska state court alleged facts which if proven entitled him to release from prison because he was held pursuant to a court judgment rendered in violation of rights guaranteed him by the federal Constitution. The trial court declined to issue the writ, holding that the petition failed to state a cause of action justifying...

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