HABEAS CORPUS-FEDERAL COURTS-MAY APPLICATION FOR HABEAS CORPUS ADDRESSED TO ONE FEDERAL JUDGE BE HEARD BY ANOTHER JUDGE OF THE SAME COURT?

Authors

G. R. Thornton, University of Michigan Law School

Abstract

Petitioner applied to a specific district court judge for a writ of habeas corpus. Following the practice of the court of which he was a member, this judge filed the petition with the clerk of the court, and it was assigned to a second judge, who denied the petition. From this decision petitioner appealed. Two questions were raised (1) whether a writ of habas corpus should be granted; and (2) whether it is mandatory that a petition of habeas corpus addressed to a specific judge of the district court be heard and determined by that judge to the exclusion of any other judge of the same court. On the first question it was held that there was no merit to the petition since it was insufficient on its face. On the second question the court held that a petition addressed to one judge of the district court need not be heard by that particular judge but may be transferred to another judge of the same court. Burall v. Johnston, (C.C.A. 9th, 1944) 146 F. (2d) 230.

Recommended Citation

G. R. Thornton, HABEAS CORPUS-FEDERAL COURTS-MAY APPLICATION FOR HABEAS CORPUS ADDRESSED TO ONE FEDERAL JUDGE BE HEARD BY ANOTHER JUDGE OF THE SAME COURT?, 44 Mich. L. Rev. 305 (1945).
Available at: https://repository.law.umich.edu/mlr/vol44/iss2/8