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Supreme Court· 2/10/1941

Walker v. Johnston

Citations

  • 312 U.S. 275
  • 61 S. Ct. 574
  • 85 L. Ed. 830
  • 1941 U.S. LEXIS 946

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that disputed issues of fact cannot be resolved based on affidavits and must be decided based on evidentiary hearings, “the only admissible procedure” for resolving such issues
  • holding that the “only admissible procedure” for habeas corpus applications when an issue of fact is presented is for the court to “issue the writ, have the petitioner produced, and hold a hearing at which evidence is received”
  • a habeas case in which the Supreme Court required petitioner to bear \the burden of sustaining his allegations by a preponderance of the evidence\
  • “On a hearing [the § 2241 petitioner has] the burden of sustaining his allegations by a preponderance of evidence.”
  • habeas petitioner has the \burden of sustaining his allegations by a preponderance of the evidence\
  • petitioner has the burden of “sustaining his allegations by a preponderance of evidence” on collateral review

Source: CourtListener parenthetical corpus (CC0).

Judges: Roberts

Read full opinion on CourtListener

Cited by

470 cases in this archive cite this case; the 20 most cited are listed.

Cites

20 cases in this archive are cited by this case.

Other cases named Walker v. Johnston

4 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.