Sources of jurisdiction Criminal law in the Waite Court

1 sources of jurisdiction

1.1 writs of error

1.1.1 state courts
1.1.2 territorial courts


1.2 original habeas
1.3 habeas appeals
1.4 certificates of division
1.5 prerogative writs

sources of jurisdiction
writs of error
state courts

the waite court heard twenty-five criminal writs of error state courts (as authorized § 25 of judiciary act of 1789 , progeny). several of these cases involved compatibility of state criminal laws dormant commerce clause (and counterweight, police power). in welton v. missouri (1875), court reversed conviction selling goods without license. in turner v. maryland (1883), court upheld statute required inspection of exported tobacco packed @ different place grown. barbier v. connolly (1884) upheld ban on laundries. presser v. illinois (1886) upheld ban on militias. walling v. michigan (1886) invalidated tax on out-of-state liquor wholesalers (which did not apply in-state liquor wholesalers). smith v. alabama (1888) upheld locomotive licensing scheme.

others involved equal protection clause of fourteenth amendment. strauder v. west virginia (1880) , bush v. kentucky (1883) reversed convictions because of racial exclusion in jury system. in pace v. alabama (1883), court upheld adultery prohibition punished inter-racial fornication more same-race fornication. pace overruled mclaughlin v. florida (1964). yick wo v. hopkins (1886) struck down discretionary laundry permitting system disadvantaged asians. hayes v. missouri (1887) rejected equal protection challenge statute authorizing prosecution more peremptory challenges in large cities.

mugler v. kansas (1887) upheld state liquor prohibition under substantive due process.

the waite court several times called upon decide issues related interaction of state , federal criminal systems. in coleman v. tennessee (1878), court held state court had no jurisdiction try civil war-era murder soldier, @ time subject courts martial jurisdiction (and in fact defendant had been tried , convicted). but, in robb v. connolly (1884), court permitted state court issue writ of habeas corpus against state officer administers extradition state other states. and, in kurtz v. moffitt (1885), court held that—as habeas civil proceeding , federal diversity jurisdiction removal statute required amount in controversy—state habeas proceedings not removed federal court under provision. natal v. louisiana (1887) declined issue writ of supersedes, finding state s initiation of civil suit while writ of error pending before supreme court not contemptuous.

royall v. virginia (1886) struck down misdemeanor conviction unauthorized practice under contract clause. royall s case repeatedly reached waite court through various jurisdictional means, , royall denied relief.

territorial courts

a group of imprisoned polygamists, including lds apostle george q. cannon

the waite court heard 9 criminal appeals territorial courts, majority of them arising prosecutions of mormon polygamists in courts of utah territory. reynolds v. united states (1878) rejected 6 challenges polygamy conviction: territorial grand jury statute provided fewer members grand juries in circuit courts; violated impartial jury clause seat juror opposed polygamy; cause challenges improperly granted prosecution; testimony violated confrontation clause; polygamy protected free exercise clause; , improper judge comment on social ills of polygamy.

miles v. united states (1880) rejected several challenges polygamy conviction. court held bigamy proved testimony (as opposed to, example, wedding certificate); question of whether evidence established guilty beyond reasonable doubt not raised de novo in supreme court; judge exclude jurors for-cause believed polygamy compelled god; late post-conviction complain first time wives not named in indictment; there no invalid variance indictment between names caroline owens , caroline owen maile ; wearing wedding dress , attending church known polygamous weddings competent evidence of marriage; incompetent testimony (proof of first marriage given second wife) given @ voir dire.

in such case, clawson v. united states (1885), court held there no right bail on appeal defendant had been sentenced imprisonment (there such right punishment fine). reaching merits same year, court held congressional statute permitting for-cause challenges of jurors believed polygamy divinely compelled applied grand juries petit juries, , marshall call second venire if 200-person venire exhausted before full jury seated.

in cannon v. united states (1885), court rejected 2 further challenges. first, court held indictment polygamy offense (which applied male defendants) need not allege gender of defendant. second, court held no defense defendant had ceased having sexual relations additional wives.

an 1885 statute governing appeals territorial court reduced possibility of such appeals. in snow v. united states (1886), court rejected polygamy appeal on grounds statute granted jurisdiction in criminal appeals if validity, existence, or jurisdiction of territorial courts called question. statute did not preclude jurisdiction hear appeals denials of habeas corpus territorial courts. in ex parte snow (1887), court first time granted relief polygamy defendant, holding crime continuing offense, , prosecutor not increase number of counts in indictment charging same conduct on different time periods.

the court heard few non-polygamy territorial appeals. in smith v. united states (1876), court first time dismissed appeal pursuant fugitive disentitlement doctrine. in wilkerson v. utah (1879), court held execution firing squad not cruel , unusual punishment. in ex parte reggel (1885), court held territorial extradition statute—referring treason, felony, or other crime —included misdemeanors.

original habeas


federal confinement

the waite court heard twenty-four original habeas petitions in criminal matters. many of these rulings held original habeas jurisdiction did not extend type of case presented. general rule, articulated in several cases, there no post-conviction original habeas jurisdiction unless court below totally without jurisdiction (for example, if criminal statute unconstitutional).

thus, in several cases, court found alleged error insubstantial consider via original habeas. in ex parte parks (1876), court held had no original habeas jurisdiction free defendant convicted in united states district court, though no appeal possible district court circuit court, , though petitioner alleged district court had been entirely without jurisdiction try offense charged. similarly, in ex parte rowland (1881), court held had no original habeas jurisdiction examine contempt of court conviction arising disregard of writ of mandamus. and, in ex parte bigelow (1885), court held there no review of double jeopardy determination of supreme court of district of columbia. in ex parte harding (1887), court held composition of grand jury (i.e. whether alien sat) not reviewed.

but, in several cases, court did find original habeas jurisdiction , reached merits. in ex parte karstendick (1876), court held federal court had no statutory authority sentence defendant hard labor @ state prison outside of territorial jurisdiction. in ex parte jackson (1877), court considered several constitutional issues, including postal power, application of first amendment mail-order gambling, , application of fourth amendment s warrant requirement mail. in ex parte lothrop (1886), court found arizona territorial courts constituted. in in re sawyer (1888), court granted writ state judges imprisoned federal judge violating injunction.

in ex parte clarke (1879), court held habeas petition filed single justice referred entire court.

state confinement

in ex parte royall (1886), first time, court petitioned grant original writ of habeas corpus prisoner in state custody. court held that, assuming had such power, should not exercised except in special circumstances:

it sufficient if court has power, under existing legislation, , upon habeas corpus, discharge petitioner, in custody under process of state court of original jurisdiction, trial on indictment charging him offense against laws of state,-upon not necessary express opinion,-such power ought not, reasons given in other cases decided, exercised in advance of trial.

in ex parte fonda (1886), court denied leave file original habeas petition, citing royall. in ex parte ayers (1887), court denied state-prisoner petition on merits, finding state tax law did not violate contracts clause.

habeas appeals

during chase court-era, congress had stripped court of authority hear appeals habeas petitions in circuit courts. in ex parte royall (1884), waite court dismissed such appeal, holding jurisdiction had never been restored. but, court did retain jurisdiction on habeas appeals in limited subset of cases. example, in wales v. whitney (1885), court affirmed supreme court of district of columbia s denial of habeas petition on meits, holding had no power review navy courts martial. similarly, in roberts v. reilly (1885), court affirmed denial of habeas corpus on merits, held had jurisdiction consider such appeals under extradition act.

in 1885, congress restored authority of supreme court hear appeals habeas petitions in circuit courts. in ex parte royall (1886), first case heard under new statute, court affirmed habeas denial, holding lower federal courts had discretion grant or deny habeas relief while petitioner had not exhausted potential state court remedies. in mali v. keeper of common jail of hudson county (1887), court denied such appeal, holding consular treaty belgium had not deprived new jersey of power punish murder committed on docked foreign vessel. but, in baldwin v. franks (1887), court granted writ on appeal, holding reconstruction-era civil rights crime statute applied deprived u.s. citizens (and not foreign nationals) of rights.

certificates of division

in ex parte tom tong (1883), court held that—under 1872 amendments certification procedure, went effect during chase court-era—because habeas corpus civil proceeding, questions arising in habeas cases not certified supreme court until final judgment had been entered. in united states v. hamilton (1883), court reaffirmed earlier holdings certificates not issue motions quash indictment.

prerogative writs

the waite court heard 2 criminal cases under prerogative writ of mandamus (habeas corpus prerogative writ). in virginia v. rives (1879), court used mandamus order criminal cases removed federal court under civil rights removal statute remanded state court, finding statute did not authorize federal jurisdiction because bar on african-americans serving on juries not codified statute or state constitution. in ex parte wall (1883), court denied writ of mandamus, finding proper remove attorney participated in lynch mob case.