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In Re Application of Burwell, 350 U.S. 521 (1956)
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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.
In Re Application of Burwell, 350 U.S. 521 (1956)
In re Application of Burwell No. 736 Decided April 2, 1956 * 350 U.S. 521
CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. A Court of Appeals has jurisdiction to entertain applications for certificates of probable cause, under 28 U.S.C. § 2253, addressed to that Court instead of to a judge or judges thereof. P. 522.
2. It is for the Court of Appeals to determine whether an application to that Court for a certificate of probable cause under 28 U.S.C. § 2253 is to be considered by a panel of that Court, by one of its judges, or in some other way that the Court deems appropriate. P. 522.
3. It is not for this Court to prescribe how the discretion vested in a Court of Appeals, acting under 28 U.S.C. § 2253, should be exercised, and, so long as that Court keeps within the bounds of judicial discretion, its action is not reviewable. P. 522.
Certificates dismissed.
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Chicago:
U.S. Supreme Court, "Syllabus," In Re Application of Burwell, 350 U.S. 521 (1956) in 350 U.S. 521 Original Sources, accessed September 14, 2025, http://originalsources.com/Document.aspx?DocID=PGL9871CM18HKZ8.
MLA:
U.S. Supreme Court. "Syllabus." In Re Application of Burwell, 350 U.S. 521 (1956), in 350 U.S. 521, Original Sources. 14 Sep. 2025. http://originalsources.com/Document.aspx?DocID=PGL9871CM18HKZ8.
Harvard:
U.S. Supreme Court, 'Syllabus' in In Re Application of Burwell, 350 U.S. 521 (1956). cited in 1956, 350 U.S. 521. Original Sources, retrieved 14 September 2025, from http://originalsources.com/Document.aspx?DocID=PGL9871CM18HKZ8.
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