McKane v. Durston | |
---|---|
Decided May 14, 1894 | |
Full case name | John Y. McKane, Durston, Agent and Warden of Sing Sing Prison, of the State of New York |
Citations | 153 U.S. 684 ( more ) 14 S. Ct. 913; 38 L. Ed. 867 |
Prior history | On writ of certiorari to the Supreme Court of New York |
Holding | |
A defendant has no federally constitutionally guaranteed right to an appeal. | |
Court membership | |
| |
Case opinions | |
Majority | Harlan |
Laws applied | |
US Constitution Article IV Section 2; In re Jugiro, 140 U.S. 291; Clawson v. United States, 113 U.S. 143; Code Cr. Proc. N. Y. § 555 |
McKane v. Durston, 153 U.S. 684 (1894), was a United States Supreme Court case in which the Court held that the appellant, John McKane, had no federal constitutional right to an appeal. They held that state courts had the right to grant appellate review at their discretion.
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.
According to the opinion, which provides a short history, John McKane was charged and convicted of violating "certain provisions of the law ... relating to elections and to the registration of voters." He was sentenced to six years of hard labor at Sing Sing prison, on February 19, 1894. The lawyer representing McKane then filed a petition for the writ of habeas corpus in the circuit court of the United States for the southern district of New York. The circuit court denied the appeal, so the Supreme Court asserted jurisdiction, citing that constitutional questions of the validity of the incarceration were present. McKane also asked for bail while his appeal was ongoing. [1]
Sing Sing Correctional Facility is a maximum security prison operated by the New York State Department of Corrections and Community Supervision in the village of Ossining, New York. It is located about 30 miles (48 km) north of New York City on the east bank of the Hudson River. Sing Sing contains about 1,700 prisoners.
The opinion, delivered by Justice Harlan, dismissed the claim of due process under the Fifth Amendment since this amendment's due process requirement did not apply to the states. Harlan noted that this claim was probably an accident of the attorney who prepared the petition. He noted that the due process requirement of the Fourteenth Amendment was also not violated, since this is the due process that applies to the states.
John Marshall Harlan was an American lawyer and politician who served as an associate justice on the U.S. Supreme Court, often called "The Great Dissenter" due to his many dissents in cases that restricted civil liberties.
Code Cr. Proc. N. Y. § 555 stated that the trial court to which the habeas corpus petition was presented may rule in favor of granting him bail while the appeal was proceeding, and the opinion mentions that this means that the initial trial court had discretion to grant or deny bail. Since the circuit court denied bail, the opinion stated this was consistent with New York law, so that decision was not before the court to review.
The Court concluded by affirming the judgment of the circuit court which denied the habeas corpus petition.
Ex parte McCardle, 74 U.S. 506 (1869), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law.
Harvey v. Horan, 278 F. 3d 370 is a federal court case dealing with felons' rights of access to DNA testing. The Eastern Virginia District Court originally found that felons were entitled access to DNA testing on potentially exculpatory evidence, but this finding was later overturned by the Fourth Circuit Court of Appeals. Nevertheless, the case paved the way for the Innocence Protection Act, which ensures that convicted offenders can try to prove their innocence by requesting DNA testing on evidence in government's possession that was used in their case.
Hill v. McDonough, 547 U.S. 573 (2006), was a United States Supreme Court case challenging the use of lethal injection as a form of execution in the state of Florida. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the habeas corpus provisions. Accordingly, that the prisoner had previously sought habeas relief could not bar the present challenge.
Day v. McDonough, 547 U.S. 198 (2006), is a United States Supreme Court case involving the one year statute of limitations for filing habeas corpus petitions that was established by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). In a 5-4 decision, the Court ruled that where the government has unintentionally failed to object to the filing of a petition after the AEDPA limitations period has expired, it is not an abuse of discretion for a district court to nevertheless sua sponte dismiss the petition on that basis.
The Supreme Court of the United States handed down eight per curiam opinions during its 2006 term, which began October 2, 2006 and concluded September 30, 2007.
Habeas corpus is a recourse in law challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
Al Odah v. United States is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention as enemy combatants of Guantanamo detainees. It was consolidated with Boumediene v. Bush (2008), which is the lead name of the decision.
Immigration and Naturalization Service v. St. Cyr, 533 U.S. 289 (2001), is a United States Supreme Court case involving habeas corpus and INA § 212(c) relief for deportable aliens.
Oyler v. Boles, 368 U.S. 448 (1962), was a case heard by the Supreme Court of the United States.
The Supreme Court of the United States handed down nineteen per curiam opinions during its 2009 term, which began on October 5, 2009, and concluded October 3, 2010.
Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals. This case is in contrast to Faretta v. California, 422 U.S. 806 (1975), which grants criminal defendants the right to refuse counsel for trial purposes.
The Supreme Court of the United States handed down ten per curiam opinions during its 2010 term, which began October 4, 2010 and concluded October 1, 2011.
Stovall v. Denno, 388 U.S. 293 (1967), was a case decided by the Supreme Court of the United States that held that a pretrial identification not covered by the Sixth Amendment right to counsel should be excluded if it was so unnecessarily suggestive as to violate due process.
Estelle v. Williams, 425 U.S. 501 (1976), is a Supreme Court case involving Harry Lee Williams' conviction of assault on his former landlord in Harris County, Texas. While awaiting trial Williams was unable to post bail. He was tried in his prison uniform, and later was found guilty. He sought a writ of habeas corpus saying being tried in a prison uniform violated his Constitutional rights in accordance with the 14th Amendment. The Court of Appeals ruled that the accused does not have to stand trial in identifiable prison clothes and Williams’ right to due process was violated. The Supreme Court reversed, reinstating the conviction, on June 21, 1976.
North Carolina v. Pearce, 395 U.S. 711 (1969), is a United States Supreme Court case that forbids judicial “vindictiveness” from playing a role in the increased sentence a defendant receives after a new trial. In sum, due process requires that a defendant be “free of apprehension” of judicial vindictiveness. Time served for a new conviction of the same offense must be “fully credited,” and a trial judge seeking to impose a greater sentence on retrial must affirmatively state the reasons for imposing such a sentence.
Ryan v. Valencia Gonzales, 568 U.S. 57 (2013), was a case in which the Supreme Court of the United States held that a defendant on death row did not need to be held competent during federal habeas corpus proceedings.
The Supreme Court of the United States handed down eight per curiam opinions during its 2014 term, which began October 6, 2014 and concluded October 4, 2015.
Cone v. Bell, 556 U.S. 449 (2009), was a case in which the United States Supreme Court held that a defendant was entitled to a hearing to determine whether prosecutors in his 1982 death penalty trial violated his right to due process by withholding exculpatory evidence. The defendant, Gary Cone, filed a petition for postconviction relief from a 1982 death sentence in which he argued that prosecutors violated his rights to due process under the Fourteenth Amendment by withholding police reports and witness statements that potentially could have shown that his drug addiction affected his behavior. In an opinion written by Justice John Paul Stevens, the Supreme Court held that Cone was entitled to a hearing to determine whether the prosecution's failure to disclose exculpatory evidence violated Cone's right to due process; the Court noted that "the quantity and the quality of the suppressed evidence lends support to Cone’s position at trial that he habitually used excessive amounts of drugs, that his addiction affected his behavior during his crime spree". In 2016, Gary Cone died from natural causes while still sitting on Tennessee's death row.
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.
Kwong Hai Chew v. Colding, 344 U.S. 590 (1953), is a United States Supreme Court case in which the Court held that a lawful permanent resident, who departs from and returns to the country as a seaman on an American ship, retains procedural due process rights and cannot be deported under 8 CFR § 175.57(b) without a hearing.
The United States Reports are the official record of the rulings, orders, case tables, in alphabetical order both by the name of the petitioner and by the name of the respondent, and other proceedings of the Supreme Court of the United States. United States Reports, once printed and bound, are the final version of court opinions and cannot be changed. Opinions of the court in each case are prepended with a headnote prepared by the Reporter of Decisions, and any concurring or dissenting opinions are published sequentially. The Court's Publication Office oversees the binding and publication of the volumes of United States Reports, although the actual printing, binding, and publication are performed by private firms under contract with the United States Government Publishing Office.