In re Eckstein

Supreme Court of the United States

Decided October 25, 1948

Supreme Court of the United States · decided 1948-10-25

Relies on Marshall v. Louisiana · Hurd v. Hodge · Ex parte Betz

Good law ✅— No negative treatment on recordhow we know

Decided 1948-10-25

How this case has been cited

Cited by 7 later decisions (4 by the Supreme Court) — most recently March 1968

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Mise.

¶2Treating the application in this case as a motion for leave to file a petition for an original writ of habeas corpus, leave to file is denied. The Chief Justice, Mr. Justice Reed, Mr. Justice Frankfurter, and Mr. Justice Burton are of the opinion that there is want of jurisdiction. U. S. Constitution, Article III, § 2, Clause 2; see Ex parte Betz and companion cases, all 329 U. S. 672 (1946); Milch v. United States, 332 U. S. 789 (1947); Brandt v. United States, 333 U. S. 836(1948); In re Eichel, 333 U. S. 865 (1948).

¶3Mr. Justice Black, Mr. Justice Douglas, Mr. Justice Murphy, and Mr. Justice Rutledge are of the opinion that motion for leave to file should be granted and that the case should be set for argument forthwith. Mr. Justice Jackson took no part in the consideration or decision of this application.