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UNITED STATES EX REL. SMILLEY v. MARONEY

November 25, 1953

UNITED STATES ex rel. SMILLEY
v.
MARONEY



The opinion of the court was delivered by: GOURLEY

The petitioner in this proceeding was accused, tried and convicted in the Courts of Allegheny County, Pennsylvania.

It appears from a careful study and review of the application for writ of habeas corpus that it fails to comply with the formal requirements of Rule 15 of this Court, which provides as follows:

'The formal requirements in a petition for writ of habeas corpus shall be as follows:

 '2. It should set forth the place of petitioner's confinement, and the name and address of the person in whose custody the prisoner is restrained.

 '3. It must allege that the petitioner is unlawfully restrained of his liberty and show precisely the alleged illegality of restraint, by stating the pertinent facts in such a manner as to make possible an intelligent judgment upon the question.

 '4. It should state by what authority the respondent purports to detain the petitioner.

 '5. If the petitioner does not know by what authority he is being detained, he should so state.

 '6. It must be set forth whether sentence was imposed on judgment of conviction after trial by jury, or if sentence was imposed after the entry of a plea of guilty, or plea of nolo contendere.

 '7. If Petitioner is in custody pursuant to a judgment of a State court, it must be set forth what procedure was followed, if any, to have the judgment of conviction or plea of guilty reviewed by the appellate courts in the Commonwealth of Pennsylvania and the Supreme Court of the United States, and the disposition of said appeals or writ of certiorari must be given.

 '8. If the petitioner is confined by virtue of a judgment of a state court, it is necessary to set forth copies of any petitions for writ of habeas corpus which have been previously filed in the State Courts or Federal Courts, the determination made by the court, and whether or not a denial was made of said petition or petitions previously filed or appealed to the higher tribunals in the state, and if application had been made to the Supreme Court of the United States by appeal or writ of certiorari from said refusal.

 '9. If the petitioner has not exhausted all remedies available in the appellate courts in the Commonwealth of Pennsylvania, the reasons therefor must be set forth in detail and an allegation that the trial court and the appellate courts in the Commonwealth of Pennsylvania so departed from rights given under the Constitution of the United States, which would justify a federal court's intervention to protect the constitutional rights of the petitioner.

 '10. The petition must be verified or sworn to.'

 It is further provided by the United States Judicial Code, § 2254 ...


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