Public-domain · open source
OpenJurist

346 U.S. 271

73 S. Ct. 1152

97 L. Ed. 1607

Docket No. ____.

Rosenberg v. Denno

Supreme Court of the United States

Special Term 1953

Supreme Court of the United States · decided Special Term 1953

Key passage — most relied on by later courts

“[r]espondent's petition for writ of habeas corpus filed on April 21, 1983, [in the District Court for the Southern District of Alabama] thus seeks to litigate several issues conclusively resolved in prior proceedings [including the constitutionality of the 1975 sentencing procedure] and a claim never before raised.”

quoted by 1 later decision, including Ex Parte Baldwin

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 7–2 · Decided Special Term 1953

How this case has been cited

Cited by 226 later decisions (36 by the Supreme Court) — most recently October 2013 · most notably Whitmore v. Arkansas (1990), McGautha v. California (1971)

85 federal appellate · 15 district · 38 state decisions — followed in 15 states

5301953196019701980199020002010decided

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.

View the full empirical analysis of this case →

Supreme Court of the United States

June 15, 1953

The motion for leave to file petition for an original habeas corpus · Case Law">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:

¶1

'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.

¶2

'The Special Term convenes with the approval of all the Associate Justices except Mr. Justice Black, who objects.'

/346/us/271 · .json · Public domain