Wilson v. Lanagan

First Circuit Court of Appeals

Decided Oct. 16, 1935.

First Circuit Court of Appeals · decided 1935-10-16

2 counsel of record

Relies on Johnson v. Tennessee · Ex parte Patrick · Herman Bilik v. Christopher Strassheim

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1935-10-16

How this case has been cited

Cited by 7 later decisions (2 by the Supreme Court) — most recently October 1981

5 federal appellate ·

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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¶1John H. Wilson, pro se.

¶2James J. Bacigalupo, Asst. Atty. Gen., of Massachusetts (Paul A. Dever, Atty. Gen., of Massachusetts, on the brief), for appellee.

¶3Before BINGHAM and MORTON, Circuit Judges, and PETERS, District Judge.

¶4PER CURIAM.

¶5This is an appeal from an order or judgment of May 22, 1935, of the federal District Court for Massachusetts dismissing a petition for writ of habeas corpus and denying the writ. It appears that the petitioner is held under process of the state court and that there is no certificate of probable cause as is now required in such a case to authorize this court to entertain jurisdiction. USCA, title 28, § 466 (43 Stat. 940, § 6 (d), Act March 10, 1908, c. 76 (35 Stat. 40). See Bilik v. Strassheim, 212 U. S. 551, 29 S. Ct. 684, 53 L. Ed. 649; Ex parte Patrick, 212 U. S. 555, 29 S. Ct. 686, 53 L. Ed. 650; Comerford v. Hogsett, 79 F.(2d) 486, decided by this court October 16, 1935.

¶6The appeal is dismissed for want of jurisdiction.