Ex parte Tracy/Opinion of the Court

United States Supreme Court

249 U.S. 551

Ex parte Tracy

 Argued: April 14, 1919. When leave to file the petition for habeas corpus was previously denied (249 U.S. 588, 39 Sup. Ct. 385, 63 L. Ed. --), without a suggestion as to the existence of any exceptional condition which would have justified a contrary view, such refusal presumably was based on the existence of the right to seek, if desired, other and appropriate sources of relief. From this it follows that although we pass the application of the doctrine that the refusal of habeas corpus is not the thing adjudged precluding a subsequent granting of such writ ---

[552]

upon the same facts, nevertheless there is here no reason to grant the order prayed, since the previous order rested upon the right and duty to petition for relief, if habeas corpus was desired, to other and appropriate sources of judicial power.

No reason, therefore, exists for granting the motion, and to

avoid any implication of a necessity which does not obtain, the motion is denied.

Notes