Petitioner

“ Whether petitioner does or does not have any new information is a matter unrevealed by anything before us or before the Circuit Court of Appeals. It is a matter which should be determined in the first instance by the District Court. And it is one on which petitioner is entitled to be heard either at a hearing or through an amendment or elaboration of his pleadings. Appellate courts cannot make factual determinations which may be decisive of vital rights where the crucial facts have not been developed. ”

“ Whether the petition in the present case can appropriately be disposed of without the presence of the petitioner at the hearing is a question to be resolved in the further proceedings in the District Court.
'There will always be marginal cases, and this case is not far from the line. But the specific and detailed factual assertions of the petitioner, while improbable, cannot at this juncture be said to be incredible. If the allegations are true, the petitioner is clearly entitled to relief. ”

“ It will be perceived that the rule to show cause, which was served upon the petitioner, contained a definite charge of a very heinous offence, and that an opportunity was given to him to meet it and to exonerate himself if he could do so. It would, undoubtedly, have been more regular to have required the charge to be made by affidavit, and to have had a copy thereof served (with the rule) upon the petitioner. But the circumstances of the case, as shown by the return of the judge, seem to us to have been sufficient to authorize the issuing of the rule without such an affidavit. ”

“ The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The Court is of the view that on the record the petitioner is an indigent. Therefore, the judgment must be reversed. ”

“ Petitioner tells us that the application must be deemed to be in time because 'when a court actually changes its judgment, the time to appeal or petition begins to run anew irrespective of whether a petition for rehearing has been filed.' [6] We think petitioner's interpretation of our decisions is too liberal. ”

“ No copies of the various orders and decrees on which the rights of the petitioner depend, were attached to the petition; but, upon the positive, sworn statements of the petitioner as to their nature and effect, a rule was entered on the district judge to show cause why the writ asked for should not be issued. To this rule a return has been made, from which it appea § unmistakably that it has never been adjudged that the petitioner was the owner of she money in court. ”

“ Third, even if a court of appeals has that power, I find it manifestly unfair to affirm the Court of Appeals, judgment have without giving this petitioner a chance to present her grounds for a new trial to the Court of Appeals as the Court today for the first time holds she must.
Petitioner and respondent, both in their briefs on the merits and in their oral argument, have vigorously and extensively addressed themselves to the question of whether the lower court was correct in holding that petitioner's evidence of negligence and proximate cause was insufficient to go to the jury. ”

“ Though petitioner in his petition for certiorari relied on § 22 (a) , respondent in opposition thereto took the position that that point was not available to petitioner here as it was not raised below. In view of these facts, especially the express waiver below, we do not think that petitioner should be allowed to add here for the first time another string to his bow. As we have indicated, the issues under § 166 and § 22 (a) are not coterminous. ”

“ Despite the delay in filing his suit petitioner is entitled to have his cause tried on the merits if he can prove that respondent's responsible agents, agents with some authority in the particular matter, conducted themselves in such a way that petitioner was justifiably misled into a good-faith belief that he could begin his action at any time within seven years after it had accrued. ”

“ We conclude that the showing made by the petition and exhibits is insufficient to compel an order requiring the warden to answer. Petitioner was represented by counsel throughout the second trial. Yet there is no claim in the petition that he objected to evidence tending to establish a different date for commission of the offense, or that he claimed surprise, or that he moved for a continuance to enable him to secure other witnesses. ”

“ Even if petitioner had secured access prior to the hearing to materials needed to prepare a defense, or had been adequately informed by the court as to the statute's terms and his rights thereunder, it is highly unrealistic to assume that petitioner was capable of adequately presenting his own case at the hearing. ”

“ Excerpts from this testimony are set forth in the margin as retold by the Mayor at the trial. [8]
6. The petition alleges that the petitioner falsely told his own attorney that he had not been beaten and that he so told his attorney because of fear of further reprisals. This attorney was the one who had been appointed by the court to defend the petitioner and later privately retained for the petitioner. Still later he was appointed by the court to handle the case on appeal. ”

“ That your petitioner, still actuated by a sincere desire to see his country free and happy, and holding a high character in the world, has lately been using his humble endeavours to assist peaceably and legally in promoting applications to Parliament for a Reform in your Honourable House, that measure appearing to your petitioner to be the only effectual remedy for the great and notorious evils under which the country now groans, and for which evils, as no one attempts to deny their existence, so no one, as far as your petitioner has heard, has attempted to suggest any other remedy. ”

“ The statute means, as your petitioner is advised, and humbly submits, a knowledge in fact, not a knowledge falsely imputed by law to a party not possessing it in fact, as the Judge in this case has held. Crimes cannot either in law, or in morals, be established by judicial falsehood. If there be any crime in the case, your petitioner insists, it is to be found in such an adjudication.
To the decision of the Judge upon the question of the right of your petitioner to vote she makes no complaint. ”

“ And the allegations contained in the petition are not inconsistent with the recitals of the certified copy of the sentence and judgment which accompanied the petition and under which petitioner is confined. ”

“ Before proceeding to a more particular examination of the decision of the District Court, it seems proper to advert to the true position of the petitioner, or rather of the grantee, from whom his title is deduced, as described in the petition, and to inquire whether that position, as there described, apart from the question of the completeness or incompleteness of the grant, be one on which the jurisdiction of the District Court could attach. ”

“ It is urged in opposition to petitioner's contention that unless and until the District Court upon proper application has passed upon the question as to extending the time for filing petitioner's claim under the amended statute, the question of its priority is not properly before this Court ”

“ The conduct of both the officials of the District Attorney's office and the agents of the Federal Bureau of Investigation were meticulous in safeguarding the rights of the petitioner and that the record is utterly bare of any support of petitioner's contentions.
'The petitioner is a woman obviously of good education and above the average in intelligence. Her knowledge of English was fluent and ample. She had discussed the case with various people before the plea of guilty was entered. ”

“ Somewhat more helpful is an affidavit submitted by petitioner's grandmother that is attached as an exhibit to the habeas petition. From this affidavit, as well as several submissions by respondents, the Court can piece together the circumstances of petitioner's capture and his detention that are relevant to this emergency motion. Petitioner is a Canadian citizen born in Ottawa on September 19, 1986. ”

“ But the propriety of the filing of the amended declaration is not involved as permission was granted on the application of the petitioner. The substance of the change is to be regarded. In any view, a new cause of action was brought im more than six years after it accrued. The original declaration alleged an agreement between respondents and petitioner and set it out in haec verba. ”

“ The mandamus petition alleges only that petitioner's "appeal in the lower court remains pending and unacted upon," and that " [a] s a direct and proximate cause of this dilatory action, Petitioner is unable to have his driving record expunged." Pet. for Mandamus 2. The legal bases offered by petitioner for relief were presented in eight prior certiorari petitions and are identical to the claims unsuccessfully presented in at least 13 of petitioner's rehearing petitions.
As we made clear in McDonald, the granting of an extraordinary writ is, in itself, extraordinary. ”

“ Farmer, which lot has not until the present time been claimed by the proprietor or by any agent in his behalf. In consideration of all which, your petitioner humbly hopes, from the goodness of your Excellency, that you will be pleased to grant her the lot above described, and to order the necessary titles to be issued from the secretary's office of this government; wherefore your petitioner entreats your Excellency may be pleased to grant the lot prayed for, and, in so doing, your petitioner shall record many thanks. Mobile, 15th February, 1788. ”

“ Your petitioner prays your Honorable Body to pass a law, allowing him to remain a limited time within the State, until he can remove his family also. Your petitioner will give bond and good security for his good behaviour while he remains. Your petitioner will ever pray, &c.
LUNSFORD LANE.
The undersigned are well acquainted with Lunsford Lane, the petitioner, and join in his petition to the Assembly for relief. ”

“ That if your Lordshipps doubt of the right which his Highness hath to the enhauncements uppon dear termes assigned to your petitioners by your Lordshipps, your Lordshipps would give him leave to make good the same in the Exchequer, allowing your petitioner halfe for the said discovery, and that in the meane time your Lordshipps, withdrawing your allowance of them to your petitioner, would give him leave to putt in debentures in lieu of them, such as have been satisfyed to many others. ”

“ That the time being now come when your petitioner ought, if ever, to bee discharged from his contract for surveying, and of his bonds given for performance of the same, hee humbly prayeth that the same may be done accordingly, before some of your Lordshipps, the judges, bee called from the Councill to the circuit, to the end that ample satisfaction may be given and taken from your Lordshipps granting of the same, and such as is suitable to the creditt and reputation of your petitioner herein. ”

“ The petition for two writs of certiorari is denied for the reason that the petitioner has failed to comply with section 2 of Rule 35 of the Supreme Court, which provides that the 'petition shall contain only a summary and short statement of the matter involved and the reasons relied on for the issuance of the writ,' and that the supporting brief must be direct and concise. ”

“ The expediente, when complete (as decided by this court) , consisted of a petition, with a diseno or map annexed; a marginal decree referring the petition to a local officer to report whether the land was vacant and grantable, and the petitioner a proper person to obtain the bounty of the government; the report of that officer on these subjects, called an informe; the decree of concession and the copy or duplicate of the grant, as the original was delivered to the petitioner. ”

“ A court cannot dismiss any challenged condition, petitioner contends, as long as other conditions remain in dispute, for each condition must be "considered as part of the overall conditions challenged," Brief for Petitioner 36. ”

“ But since I feel that a substantial question is presented by the petition for writ of certiorari and since the problem raises a further issue, also unresolved, concerning the scope of review by the Court of Military Appeals and the role reserved for the regular federal courts, I feel that petitioner is entitled to relief pending consideration of the petitio for certiorari January 10, 1969. ”

“ Petitioner refers us to cases which have held that when a court considers on its merits an untimely petition for a rehearing, or an untimely motion to amend matters of substance in a judgment, the time for appeal may begin to run anew from the date on which the court disposed of the untimely application. ”

“ It recites, in the usual way, that the claimant had presented to the Governor a petition for a grant of the land, and also that the customary examinations had been made into the circumstances and fitness of making the grant to the petitioner. No petition was produced at the trial, nor any report by any officer as to the reasons and propriety of conceding the tract asked for, nor any evidence accounting for the non-production of either. ”

“ Article 8. The right of petition, exercised in writing in a peaceful and respectful manner, is inviolable; but in political matters only citizens of the Republic may exercise it. To every petition must be returned a written opinion by the authority to whom it may have been addressed, and the latter is obliged to make the result known to the petitioner. ”