344 U.S. 443

344 U.S. 443

73 S.Ct. 437

97 L.Ed. 469

Bennie DANIELS and Lloyd Ray Daniels, Petitioners,
v.
Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. Raleigh SPELLER, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of North Carolina, Raleigh, North Carolina. Clyde BROWN, Petitioner, v. Robert A. ALLEN, Warden, Central Prison of the State of North Carolina. UNITED STATES of America, ex rel. James SMITH, Petitioner, v. Dr. Frederick S. BALDI, Superintendent of the Philadelphia County Prison.

Nos. 20, 22, 31 and 32.

Decided Feb. 9, 1953.

Mr. Justice FRANKFURTER.

1

The course of litigation in these cases and their relevant facts are set out in Mr. Justice REED’s opinion. This opinion is restricted to the two general questions which must be considered before the Court can pass on the specific situations presented by these cases. The two general problems are these:

2

I. The legal significance of a denial of certiorari, in a case required to be presented here under the doctrine of Darr v. Burford, 339 U.S. 200, 70 S.Ct. 587, 94 L.Ed. 761, when an application for a writ of habeas corpus thereafter comes before a district court.*

3

II. The bearing that the proceedings in the State courts should have on the disposition of such an application in a district court.

*

Mr. Justice Frankfurter’s opinion on this issue expresses the position of the majority, see 344 U.S. 450—453, 73 S.Ct. pp. 404, 405 (Syllabus paragraphs 3—8).