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Mookini v. United States, 303 U.S. 201 (1938)
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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.
Mookini v. United States, 303 U.S. 201 (1938)
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Mookini v. United States No. 319 Argued February 2, 1938 Decided February 28, 1938 303 U.S. 201
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. The Act of March 8, 1934, (28 U.S.C. 723a) empowering this Court to prescribe rules of practice with respect to proceedings after determination of guilt in criminal cases in "District Courts of the United States, including the District Courts of Alaska, Hawaii, Puerto Rico, Canal Zone and Virgin Islands," and in the other courts named, does not require that rules, when prescribed, shall be identical for all the courts mentioned, or that rules for all shall be prescribed at the same time. P. 203.
2. In the rules heretofore promulgated by this Court (May 7, 1934, 292 U.S. 661) limited to proceedings in criminal cases in "District Courts of the United States" and in the Supreme Court of the District of Columbia and subsequent appellate proceedings, the term "District Courts of the United States" means constitutional courts created under Art. III of the Constitution; it does not embrace legislative courts such as the District Court for the Territory of Hawaii. P. 205.
3. As the Criminal Appal Rules were not made applicable to the District Court of the Territory of Hawaii, they did not change the time for appeals from that court to the Circuit Court of Appeals as allowed by the Act of February 13, 1925. 28 U.S.C. 225, 230. P. 205.
4. The provision in the organic Act of Hawaii (48 U.S.C. 645) that appeals from the District Court of that Territory to the Circuit Court of Appeals for the Ninth Circuit shall be had "in the same manner as appeals are allowed from district courts to circuit courts of appeal as provided by law" does not require that the Criminal Appeals Rules prescribed by this Court for District Courts of the United States shall be held applicable to the District Court of Hawaii. P. 205.
92 F.2d 126, reversed.
Certiorari, 302 U.S. 674, to review a judgment dismissing an appeal.
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Chicago: U.S. Supreme Court, "Syllabus," Mookini v. United States, 303 U.S. 201 (1938) in 303 U.S. 201 303 U.S. 202. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=VBGHPQXDJVP6TA7.
MLA: U.S. Supreme Court. "Syllabus." Mookini v. United States, 303 U.S. 201 (1938), in 303 U.S. 201, page 303 U.S. 202. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=VBGHPQXDJVP6TA7.
Harvard: U.S. Supreme Court, 'Syllabus' in Mookini v. United States, 303 U.S. 201 (1938). cited in 1938, 303 U.S. 201, pp.303 U.S. 202. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=VBGHPQXDJVP6TA7.
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