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    Holley v. Lawrence, 317 U.S. 518 (1943)

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    The Supreme Court granted the petitioner's motion to proceed in forma pauperis but dismissed the appeal. The Court examined all federal questions raised and found that the lower court's judgment rested upon the adequate and independent state ground that the petitioner failed to tender testimony at trial, barring a later claim of a constitutional right. The Court also found that no other federal questions presented warranted review.

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    Holley v. Lawrence, 317 U.S. 518 (1943)

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    The Supreme Court granted the petitioner's motion to proceed in forma pauperis but dismissed the appeal. The Court examined all federal questions raised and found that the lower court's judgment rested upon the adequate and independent state ground that the petitioner failed to tender testimony at trial, barring a later claim of a constitutional right. The Court also found that no other federal questions presented warranted review.

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    Filed: 1943-01-18 Precedential Status: Precedential Citations: 317 U.S. 518 Docket: 600

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    The Supreme Court granted the petitioner's motion to proceed in forma pauperis but dismissed the appeal. The Court examined all federal questions raised and found that the lower court's judgment rested upon the adequate and independent state ground that the petitioner failed to tender testimony at trial, barring a later claim of a constitutional right. The Court also found that no other federal questions presented warranted review.

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    16 views1 page

    Holley v. Lawrence, 317 U.S. 518 (1943)

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    Scribd Government Docs
    The Supreme Court granted the petitioner's motion to proceed in forma pauperis but dismissed the appeal. The Court examined all federal questions raised and found that the lower court's judgment rested upon the adequate and independent state ground that the petitioner failed to tender testimony at trial, barring a later claim of a constitutional right. The Court also found that no other federal questions presented warranted review.

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    of 1

    317 U.S.

    518
    63 S.Ct. 394
    87 L.Ed. 434

    HOLLEY
    v.
    LAWRENCE, Warden.
    No. 600.

    On Jurisdictional Statement Under Rule 12, Dec. 24, 1942.


    Decided Jan. 18, 1943.
    Rehearing Denied Feb. 1, 1943.
    See 318 U.S. 578, 63 S.Ct. 531, 87 L.Ed. -.
    Mr. Benjamin E. Pierce, of Augusta, Ga., for petitioner.
    No appearance for respondent.
    PER CURIAM.

    The motion for leave to proceed in forma pauperis is granted. The Court has
    examined all the federal questions raised by appellant. In so far as the appeal
    challenges the validity of Georgia Code 38-1604, which makes incompetent
    the testimony of a wife at the trial of her husband, the judgment of the court
    below rests upon a non-federal ground adequate to support it, namely that the
    failure to tender such testimony at the trial barred any later claim of the alleged
    constitutional right. Atlantic Coast Line R. Co. v. Mims, 242 U.S. 532, 535, 37
    S.Ct. 188, 189, 61 L.Ed. 476. The Court finds that no other federal question
    presented by the appeal warrants review by this Court. The appeal is
    accordingly dismissed.

    Dismissed.

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