Hann, Warden v. Hawk

Eighth Circuit

Hann, Warden v. Hawk

205 F.2d 839, 1953 U.S. App. LEXIS 2681

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 20, 1953

Docket14564_1

StatusPublished

Cited by17 cases

This text of 205 F.2d 839 (Hann, Warden v. Hawk) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hann, Warden v. Hawk, 205 F.2d 839, 1953 U.S. App. LEXIS 2681 (8th Cir. 1953).

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Opinion

PER CURIAM.

This is an appeal from a judgment of the United States District Court for the District of Nebraska, granting the application of the appellee, Henry Hawk, for a writ of habeas corpus and releasing him from imprisonment in the Nebraska State Penitentiary, where he had been held under a sentence of life imprisonment based upon a State court conviction for murder.

The appeal was argued at the November 1952 session of this Court, but, before it was *840 decided, Henry Hawk died, at Council Bluffs, Iowa, on April 21, 1953. We are urged by counsel to decide the case, notwithstanding the death, of Hawk.

This case obviously became moot upon Hawk’s death, and this Court would not be justified in deciding questions which have become academic, no matter how interesting they may be. Following the established practice in dealing with a case such as this which became moot pending a decision of this Court on the merits, the judgment appealed from is vacated and the case is remanded with directions to dismiss it. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104,95 L.Ed. 36.

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PER CURIAM.

This is an appeal from a judgment of the United States District Court for the District of Nebraska, granting the application of the appellee, Henry Hawk, for a writ of habeas corpus and releasing him from imprisonment in the Nebraska State Penitentiary, where he had been held under a sentence of life imprisonment based upon a State court conviction for murder.

The appeal was argued at the November 1952 session of this Court, but, before it was *840 decided, Henry Hawk died, at Council Bluffs, Iowa, on April 21, 1953. We are urged by counsel to decide the case, notwithstanding the death, of Hawk.

This case obviously became moot upon Hawk’s death, and this Court would not be justified in deciding questions which have become academic, no matter how interesting they may be. Following the established practice in dealing with a case such as this which became moot pending a decision of this Court on the merits, the judgment appealed from is vacated and the case is remanded with directions to dismiss it. See United States v. Munsingwear, Inc., 340 U.S. 36, 39, 71 S.Ct. 104,95 L.Ed. 36.

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Bluebook (online)

205 F.2d 839, 1953 U.S. App. LEXIS 2681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hann-warden-v-hawk-ca8-1953.

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