In Re Frederich
Citations
- 149 U.S. 70
- 13 S. Ct. 793
- 37 L. Ed. 653
- 1893 U.S. LEXIS 2273
Syllabus
<p>When a prisoner, convicted of crime in a state court and sentenced there to punishment, complains that his rights under the Constitution or laws of the United States have been thereby violated, he may seek relief in the federal courts by an application either to the proper Circuit Court for a writ of habeas corpus, or to a justice of this court for a writ of error to the state court.</p> <p>The remedy by habeas corpus should be limited to cases in .which the judgment or sentence attacked is clearly void by reason of . its having been rendered without jurisdiction, or by reason of the court’s having exceeded its jurisdiction in the premises; and the general rule and better practice, in the absence of special facts and circumstances, is to require the prisoner to seek a review by writ of error instead , of .resorting to the writ of habeas corpus.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[I]f such conviction was obtained in disregard or in violation of rights secured to him by the constitution and laws of the United States, ... he may apply for a writ of habeas corpus to be discharged from custody under such conviction.”
- “[A] habeas corpus proceeding is a collateral attack, of a civil nature[.]”
- “[I]f such conviction was obtained in disregard or in violation of rights secured to him by the constitution and laws of the United States, ... he may apply for a writ of habeas corpus to be discharged from custody under such conviction.”
- “[I]f such conviction was obtained in disregard or in violation of rights secured to him by the constitution and laws of the United States, . . . he may apply for a writ of habeas corpus to be discharged from custody under such convic- tion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jackson
Read full opinion on CourtListenerSourced 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.