Lieto v. Ellis
This text of 202 F.2d 640 (Lieto v. Ellis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal' from a 'final order entered by a court of the United States in a habeas corpus proceeding where the detention complained of arises out of process issued by a state court.
In addition to denying the petition for the writ, the district judge declined to issue the certificate of probable cause which, under Sec. 2253, Title 28 U.S.C.A., is a judicial prerequisite to such an appeal.
Matters standing thus, the judges of this court have examined the record for themselves, and the court and each individual judge being of the opinion that there exists no probable cause for an appeal and declining to issue such a certificate, the appeal is dismissed.
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Cite This Page — Counsel Stack
202 F.2d 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lieto-v-ellis-ca5-1953.