Sublett v. Adams

Supreme Court

Sublett v. Adams

362 U.S. 143, 80 S. Ct. 527, 4 L. Ed. 2d 612, 1960 U.S. LEXIS 1521

CourtSupreme Court of the United States

DecidedMarch 7, 1960

Docket406 M

StatusPublished

Cited by3 cases

This text of 362 U.S. 143 (Sublett v. Adams) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sublett v. Adams, 362 U.S. 143, 80 S. Ct. 527, 4 L. Ed. 2d 612, 1960 U.S. LEXIS 1521 (1960).

Pincite

Opinion

Per Curiam.

The motion to proceed in forma pauperis and the petition for writ of certiorari are granted. Petitioner filed a petition for a writ of habeas corpus in the Supreme Court of Appeals of West Virginia. Petitioner charged that he was being held in prison without lawful authority and in violation of due process of law under the Fourteenth Amendment. The West Virginia Supreme Court of Appeals refused the writ without either a hearing or a response from the State.

We hold that the facts alleged are such as to entitle petitioner to a hearing under Herman v. Claudy, 350 U. S. 116. The judgment is vacated and the case remanded to the Supreme Court of Appeals of West Virginia for proceedings not inconsistent with this opinion.

The Chief Justice took no part in the consideration or decision of this case.

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Per Curiam.

The motion to proceed in forma pauperis and the petition for writ of certiorari are granted. Petitioner filed a petition for a writ of habeas corpus in the Supreme Court of Appeals of West Virginia. Petitioner charged that he was being held in prison without lawful authority and in violation of due process of law under the Fourteenth Amendment. The West Virginia Supreme Court of Appeals refused the writ without either a hearing or a response from the State.

We hold that the facts alleged are such as to entitle petitioner to a hearing under Herman v. Claudy, 350 U. S. 116. The judgment is vacated and the case remanded to the Supreme Court of Appeals of West Virginia for proceedings not inconsistent with this opinion.

The Chief Justice took no part in the consideration or decision of this case.

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Bluebook (online)

362 U.S. 143, 80 S. Ct. 527, 4 L. Ed. 2d 612, 1960 U.S. LEXIS 1521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sublett-v-adams-scotus-1960.

Opinion

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