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PRICE v. JOHNSTON

No. 111.

334 U.S. 266 (1948)

PRICE v. JOHNSTON, WARDEN.

Supreme Court of United States.

Decided May 24, 1948.

Attorney(s) appearing for the Case

Joseph L. Rauh, Jr. argued the cause for petitioner. With him on the brief was Irving J. Levy.

Frederick Bernays Wiener argued the cause for respondent. With him on the brief were Solicitor General Perlman, Assistant Attorney General Quinn, Robert S. Erdahl and Beatrice Rosenberg.

Wayne M. Collins filed a brief for the American Civil Liberties Union, as amicus curiae, urging reversal.

MR. JUSTICE MURPHY delivered the opinion of the Court.

The writ of habeas corpus has played a great role in the history of human freedom. It has been the judicial method of lifting undue restraints upon personal liberty. But in recent years the increased use of this writ, especially in federal courts, has created many procedural problems which are not easy of solution. This case involves some of those problems. Because of the importance of the writ and the...

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