Marino v. Ragen, 332 U.S. 561 (1947)

Marino v. Ragen

No. 93

Decided December 22, 1947
332 U.S. 561

PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT

OF WINNEBAGO COUNTY, ILLINOIS

Syllabus

1. Where an inferior state court quashes a writ of habeas corpus sought to review an alleged denial of rights under the Federal Constitution and its order cannot be reviewed by any higher state court, a petition for a writ of certiorari to obtain review of that order is properly addressed to this Court. P. 561.

2. Whether, upon the facts of this case, habeas corpus is an appropriate remedy in the state court to correct a denial of due process is a question of state law upon which this Court accepts the concession of the State’s Attorney General. P. 562.

3. On the facts recited in the opinion and confession of error by the State’s Attorney General, this Court concludes that, in his trial for murder, petitioner was denied due process of law contrary to the Fourteenth Amendment. P. 562.

Certiorari granted; judgment vacated and remanded.