Prerogative writs Criminal law in the Waite Court



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.








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