346 US 271 Rosenberg v. L Denno
346 U.S. 271
73 S.Ct. 1152
97 L.Ed. 1607
Julius ROSENBERG and Ethel Rosenberg, petitioners,
Wilford L. DENNO, Warden of Sing Sing Prison.
Special Term 1953
Supreme Court of the United States
June 15, 1953
The motion for leave to file petition for an original writ of habeas corpus is denied.
Mr. Justice FRANKFURTER:
The disposition of an application to this Court for habeas corpus is so rarely to be made by this Court directly that Congress has given the Court authority to transfer such an application to an appropriate district court. 28 U.S.C., § 2241, 28 U.S.C.A. § 2241. I do not favor such a disposition of this application because the substance of the allegations now made has already been considered by the District Court for the Southern District of New York and on review by the Court of Appeals for the Second Circuit. Neither can I join the Court in denying the application without more. I would set the application down for hearing before the full Court tomorrow forenoon. Oral argument frequently has a force beyond what the written word conveys.
Mr. Justice BLACK, dissents.
June 18, 1953
The Court met in Special Term pursuant to a call by the Chief Justice.
The Chief Justice said:
'The Court is now convened in Special Term to consider an application by the Attorney General (1) to review the stay of execution of Julius Rosenberg and Ethel Rosenberg, granted by Mr. Justice Douglas on June 17, 1953, or (2) for reconsideration and reaffirmance of this Court's order of June 15, 1953, in No. 1, Misc., Julius Rosenberg and Ethel Rosenberg, petitioners, v. Wilford L. Denno, Warden of Sing Sing Prison, June 1953 Special Term, denying a stay.
'The Special Term convenes with the approval of all the Associate Justices except Mr. Justice Black, who objects.'