ROSENBERG et al. v. DENNO, WARDEN.
No. 1,
Misc., June 15 Special Term, 1953.
Decided June 15, 1953.
John F. Finerty submitted the motion for petitioners. With him on the motion was Emanuel H. Bloch.
Per Curiam.
The motion for leave to file petition for an original writ of habeas corpus is denied.
Mr. Justice Black dissents.
Mr. Justice Frankfurter.
The disposition of an application to this Court for habeas corpus is so rarely to be made by this Court directly that Congress has given the Court authority to transfer such an application to an appropriate district court. 28 U. S. C. § 2241. I do not favor such a disposition of this application because the substance of the allegations now made has already been considered by the District Court for the Southern District of New York and on review by the Court of Appeals for the Second Circuit. Neither can I join the Court in denying the application without more. I would set the application down for hearing before the full Court tomorrow forenoon. Oral argument frequently has a force beyond what the written word conveys.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason