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Sweeney v. Woodall, 344 U.S. 86 (1952)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Sweeney v. Woodall, 344 U.S. 86 (1952)
MR. JUSTICE FRANKFURTER, concurring.
I join in the Court’s opinion because I agree that due regard for the relation of the States, one to another, in our federal system and for that of the courts of the United States to those of the States requires that claims even as serious as those here urged first be raised in the courts of the demanding State. Even so, it is appropriate to emphasize that, in this case, there is no suggestion in the application for habeas corpus that the prisoner would be without opportunity to resort to the courts of Alabama for protection of his constitutional rights upon his return to Alabama. We cannot assume unlawful action of the prison officials which would prevent the petitioner from invoking the aid of the local courts nor readily open the door to such a claim. Compare Cochran v. Kansas, 316 U.S. 255. Our federal system presupposes confidence that a demanding State will not exploit the action of an asylum State by indulging in outlawed conduct to a returned fugitive from justice.
* The requirements of 28 U.S.C. § 2241(c) regulating the use of habeas corpus are met, since the charges, if proved, would result in a return of respondent to Alabama to a "custody in violation of the Constitution" of the United States.
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Chicago: Frankfurter, "Frankfurter, J., Concurring," Sweeney v. Woodall, 344 U.S. 86 (1952) in 344 U.S. 86 344 U.S. 91. Original Sources, accessed December 26, 2024, http://originalsources.com/Document.aspx?DocID=9QMKZFDLXN7PSBG.
MLA: Frankfurter. "Frankfurter, J., Concurring." Sweeney v. Woodall, 344 U.S. 86 (1952), in 344 U.S. 86, page 344 U.S. 91. Original Sources. 26 Dec. 2024. http://originalsources.com/Document.aspx?DocID=9QMKZFDLXN7PSBG.
Harvard: Frankfurter, 'Frankfurter, J., Concurring' in Sweeney v. Woodall, 344 U.S. 86 (1952). cited in 1952, 344 U.S. 86, pp.344 U.S. 91. Original Sources, retrieved 26 December 2024, from http://originalsources.com/Document.aspx?DocID=9QMKZFDLXN7PSBG.
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