HABEAS CORPUS-INADEQUACY OF STATE REMEDY

Authors

Joseph Gricar, University of Michigan Law SchoolFollow

Abstract

Petitioner had pleaded guilty to a criminal indictment and was sentenced to prison by an Illinois circuit court. His petition for a writ of habeas corpus, based upon an alleged denial of due process at trial, was denied without hearing. The Illinois Supreme Court in People v. Loftus, decided in 1949, seems squarely to have held that habeas corpus is a proper post-trial proceeding for hearing charges of denial of due process. Since the Illinois Supreme Court does not review habeas corpus proceedings in the circuit court, the United States Supreme Court granted certiorari. Held, remanded to the Illinois circuit court to determine whether, in the light of the Loftus decision, the writ of habeas corpus should be granted. Young v. Ragen,. 337 U.S. 235, 69 S.Ct. 1073 (1949).

Recommended Citation

Joseph Gricar, HABEAS CORPUS-INADEQUACY OF STATE REMEDY, 48 Mich. L. Rev. 369 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss3/14