certiorari before judgment

• The World War II German saboteurs' case and writs of certiorari before judgment by the Court of Appeals: a tale of nunc pro tunc jurisdiction.

The US Supreme Court chose a writ of certiorari over a writ of habeas corpus in 'Ex parte Quirin,' because certiorari law allowed the Court to review a case before a lower court prior to final judgment. The Court noted that the writ for certiorari met the need for haste which the nature of 'Ex parte Quirin' demanded. The Court did not follow this reasoning in subsequent cases, indicating that following 'Ex parte Quirin' would disallow an appellate court to reach a sound result from its careful consideration of the issues before it.

• Constitutional Commentary
• Vol. 14 Nbr. 3, December 1997

• United States v. Booker, 543 U.S. ___ (2005)

. UNITED STATES v. BOOKER. . CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVE... or to hold a separate sentencing hearing before a jury. In respondent Fanfan's case, the maximum s... and a petition for certiorari before judgment in this Court. . Held: The judgment of the Cour...

• U.S. Supreme Court

• The ghost that slayed the mandate.

..., (5) Virginia filed a petition for certiorari before judgment in the Fourth Circuit Court of App...

• Stanford Law Review
• Vol. 64 Nbr. 1, January 2012

• United States v. Nixon, 418 U.S. 683 (1974)

... CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPE...

• U.S. Supreme Court

• White House On Health Care Appeal: Do Not Go Directly to Scotus

The Obama administration has asked the U.S. Supreme Court not to take up an appeal of the health care challenge until it has gone through the federal appellate court process. A federal court in Virginia invalidated the portion of the law requiring Americans to purchase health care by the year 2014. The White House quickly appealed the ruling to the 4th Circuit, which put the appeal on the fast track. The Supreme Court can - but rarely does - step in and take up an appeal before the lower appellate court does, and Virginia Attorney General Ken Cuccinelli has petitioned the Supreme Court to do just that in this case.

... appellate review by granting a writ of certiorari before judgment," the brief stated. Furthermore, W...

• Lawyers USA
• March 22, 2011

• Barefoot v. Estelle, 463 U.S. 880 (1983)

..., TEXAS DEPARTMENT OF CORRECTIONS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFT... separate sentencing hearing was then held before the same jury to determine whether the death penal... pending appeal of the District Court's judgment. This Court, treating an application for stay of e...

• U.S. Supreme Court

• Stumpf v. Houk, (6th Cir. 2011)

... Before: BOGGS, DAUGHTREY, and MOORE, Circuit Judges. ...As a result, we once again reverse the judgment of the district court and remand this matter for i... our decision, even in its petition for certiorari to the Supreme Court, even in its substantive brie...

• Federal Circuits

• Rosado v. Wyman, 395 U.S. 826 (per curiam) (1969)

...ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECO... . No. 1539, certiorari before judgment denied; No. 1540, appeal dismissed. . [...

• U.S. Supreme Court

• Mistretta v. United States, 488 U.S. 361 (1989)

...361. MISTRETTA v. UNITED STATES CERTIORARI BEFORE JUDGMENT TO THE UNITED STATES COURT OF APPE...

• U.S. Supreme Court

• Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747 (1986)

... prior pregnancies, and the basis for any judgment that a medical emergency existed or for any determ... here is treated as a petition for certiorari, and the writ is granted. Pp. 754-755. 2. With a full record before it on the issues as to the validity of the Act and...

• U.S. Supreme Court