Sublett v. Adams, 362 U.S. 143 (1960)

Sublett v. Adams


No. 406, Misc.


Decided March 7, 1960
362 U.S. 143

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT
OF APPEALS OF WEST VIRGINIA

Syllabus

Petitioner applied to a State Supreme Court for writ of habeas corpus, charging that his confinement was in violation of the Due Process Clause of the Fourteenth Amendment. That Court refused the writ without either a hearing or a response from the State.

Held: the facts alleged entitle petitioner to a hearing under Herman v. Claudy, 350 U.S. 116. Certiorari granted; judgment vacated; and case remanded.