Davis v. Burke
Citations
- 179 U.S. 399
- 21 S. Ct. 210
- 45 L. Ed. 249
- 1900 U.S. LEXIS 1880
Syllabus
<p>Defendant being convicted of murder, carried the case to the Supreme Court of the State, but made no claim there of a Federal question. Held: That before applying to a Circuit Court of the United States for a writ of habeas corpus he should have exhausted his remedy in the- state court, either by setting up the Federal question on his appeal to the Supreme Court, or by applying to the state court for a writ of habeas corpus.</p> <p>The constitution of Idaho, providing for the prosecutions of felonies by information, is so far self-executing that a conviction upon information cannot be impeached here upon the ground that defendant has been denied due process of law.</p> <p>The question whether a convict shall be executed by the sheriff, as the law stood at the time of his trial and conviction, or by the warden of the penitentiary, as the law was subsequently amended, or whether he shall escape punishment altogether, involves no question of due process of law under the Fourteenth Amendment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing rule that constitutional provision “‘is not self-executing when it merely indicates principles, without laying down rules by means of which those principles may be given the force of law’”
- “an offcer of the United States [who] has been arrested under state process for acts done under the authority of the Federal government”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, After Stating the Case
Read full opinion on CourtListenerCited by
112 cases in this archive cite this case; the 20 most cited are listed.
- Picard v. ConnorSupreme Court· 1971-12-20· cited 5,124×
- Fay v. NoiaSupreme Court· 1963-03-18· cited 3,950×
- Mooney v. HolohanSupreme Court· 1935-01-21· cited 1,837×
- Darr v. BurfordSupreme Court· 1950-04-03· cited 969×
- Justices of Boston Municipal Court v. LydonSupreme Court· 1984-04-18· cited 588×
- State v. FranklinNew Mexico Supreme Court· 1967-06-30· cited 454×
- Ernst v. RisingSixth Circuit· 2005-10-26· cited 325×
- Neeley v. West Orange-Cove Consolidated Independent School DistrictTexas Supreme Court· 2005-11-22· cited 208×
- United States Ex Rel. Kennedy v. TylerSupreme Court· 1925-10-12· cited 172×
- Lem Woon v. OregonSupreme Court· 1913-06-09· cited 143×
- Shields v. GerhartSupreme Court of Vermont· 1995-01-27· cited 94×
- Benson v. StateCourt of Appeals of Maryland· 2005-12-07· cited 88×
- Bott v. DeLandUtah Supreme Court· 1996-07-12· cited 82×
- Cantrell v. MorrisIndiana Supreme Court· 2006-06-21· cited 81×
- Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa· 2017-06-30· cited 80×
- United States of America Ex Rel. Thomas Trantino v. Robert Hatrack, Superintendent, New Jersey State Prison at RahwayThird Circuit· 1977-08-24· cited 66×
- Bandoni v. StateSupreme Court of Rhode Island· 1998-07-21· cited 65×
- Save Sunset Beach Coalition v. City and County of HonoluluHawaii Supreme Court· 2003-10-20· cited 64×
- Goldrush II v. City of MariettaSupreme Court of Georgia· 1997-03-17· cited 61×
- Johnson v. University of PittsburghW.D. Pennsylvania· 1977-08-01· cited 60×
Cites
8 cases in this archive are cited by this case.
- Baker v. GriceSupreme Court· 1898-02-21· cited 183×
- In Re LoneySupreme Court· 1890-03-24· cited 128×
- In Re FrederichSupreme Court· 1893-04-24· cited 127×
- In Re DuncanSupreme Court· 1891-03-30· cited 110×
- New York v. EnoSupreme Court· 1894-10-29· cited 83×
- Markuson v. BoucherSupreme Court· 1899-11-20· cited 66×
- Ex Parte FondaSupreme Court· 1886-03-29· cited 46×
- In re DavisIdaho Supreme Court· 1899-12-22· cited 7×
Other cases named Davis v. Burke
3 other CourtListener records share this case name.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.