McKane v. Durston

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McKane v. Durston
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Decided May 14, 1894
Full case nameJohn Y. McKane, Durston, Agent and Warden of Sing Sing Prison, of the State of New York
Citations153 U.S. 684 ( more )
14 S. Ct. 913; 38 L. Ed. 867
Prior historyOn writ of certiorari to the Supreme Court of New York
Holding
A defendant has no federally constitutionally guaranteed right to an appeal.
Court membership
Chief Justice
Melville Fuller
Associate Justices
Stephen J. Field  · John M. Harlan
Horace Gray  · David J. Brewer
Henry B. Brown  · George Shiras Jr.
Howell E. Jackson  · Edward D. White
Case opinions
MajorityHarlan
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.

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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.

Contents

Background

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 US maximum security prison

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.

Opinion of the Court

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 United States Union Army officer and Supreme Court Associate Justice

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.

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References

  1. McKane v. Durston, 153 U.S. 684 (1894).
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