158 F.2d 833 | 5th Cir. | 1946
On July 16, 1946, appellant, without first applying to this court for leave, filed in the United States District Court for the Western District of Texas motion to vacate and set aside a judgment and sentence which on
This is the second time that he has been here on the same errand,
In the second of these habeas corpus proceedings, "There was a hearing in which he testified in his own behalf; other evidence was taken both oral and documentary, and the court made findings of fact contrary to the allegations of fact on which petitioner now relies,” Wells v. United States, 318 U.S. 257, at page 260, 63 S.Ct. 582, 584, 87 L.Ed. 746. The proceeding dealt with in 318 U. S., supra, and the proceeding from which this appeal comes were not habeas corpus proceedings. They were motions filed in the sentencing court in the nature of writs -of error coram nobis,
Even in habeas corpus proceedings, to which the doctrine of res judicata does not^ strictly apply, an abusive use of the writ may be prevented and a prior refusal to discharge on a like application may be made the authority for a refusal on subsequent ones.
It goes without saying that concern that no one be deprived of his liberty without due process of law is a paramount consideration in the administration of justice, but to say this is not to say that that concern completely overrides all considerations of finality of judgments and of respect for legal and orderly procedures.
We think it plain that the District Judge was right in denying the motion. If, because the judgment he seeks to set aside was affirmed here
“The judgment appealed from is affirmed in so far as it upheld the sentences imposed under counts three and four, and reversed as to the sentences imposed under counts one and two; and this cause is remanded to the district court for the correction of the mittimus, and for such further proceedings as are not inconsistent with this opinion.” Wells v. United States, 5 Cir., 124 F.2d 334, 335.
Wells v. United States, 318 U.S. 257, 63 S.Ct. 582, 87 L.Ed. 746.
Pierce v. United States, 5 Cir., 157 F.2d 848; Cf. Carter v. People, 67 S.Ct. 216, 219.
“A State may provide that the protection of rights granted by the Federal Constitution, be sought through the writ of habeas corpus or coram nobis It may use each of these ancient writs in its common law scope, or it may put them to new uses; or, it may afford remedy by a simple motion brought either in the court of original conviction, or at the place of detention.”
Salinger v. Loisel, 265 U.S. 224, at page 231, 44 S.Ct. 519, 68 L.Ed. 980; Wong Doo v. United States, 265 U.S. 239, 44 S.Ct. 524, 68 L.Ed. 999; Ex parte Hawk, 321 U.S. 114, 64 S.Ct. 448, 88 L.Ed. 572.
Wells v. United States, 5 Cir., 124 F.2d 334.