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Ex Parte Hawk, 321 U.S. 114 (1944)
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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.
Ex Parte Hawk, 321 U.S. 114 (1944)
Ex parte Hawk No. ___ Decided January 31, 1944 321 U.S. 114
MOTION FOR LEAVE TO FILE PETITION
FOR WRIT OF HABEAS CORPUS
Syllabus
1. Since it does not appear that the applicant for habeas corpus, confined under sentence of a state court, has exhausted his remedies under the state law, the application is denied without prejudice. P. 118.
2. Where resort to state court remedies has failed to afford to a petitioner for habeas corpus a full and fair adjudication of the federal questions raised, either because the State affords no remedy or because, in the particular case, the remedy afforded proves in practice unavailable or seriously inadequate, a federal court should entertain the petition; but, in such case, the petitioner should proceed in the federal district court before resorting to this Court. P. 118.
3. The statement often made that federal courts will interfere with the administration of justice in the state courts only "in rare cases where exceptional circumstances of peculiar urgency are shown to exist" is inapplicable where the petitioner for habeas corpus has exhausted his state remedies and makes a substantial showing of denial of federal right. P. 117.
Application denied.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Ex Parte Hawk, 321 U.S. 114 (1944) in 321 U.S. 114 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=6TMC8IEKD3I5VHE.
MLA:
U.S. Supreme Court. "Syllabus." Ex Parte Hawk, 321 U.S. 114 (1944), in 321 U.S. 114, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=6TMC8IEKD3I5VHE.
Harvard:
U.S. Supreme Court, 'Syllabus' in Ex Parte Hawk, 321 U.S. 114 (1944). cited in 1944, 321 U.S. 114. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=6TMC8IEKD3I5VHE.
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