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United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942)
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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.
United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942)
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United States ex rel. Coy v. United States No. 973 Argued May 4, 5, 1942 Decided May 25, 1942 316 U.S. 342
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Syllabus
1. Where a judgment of the Circuit Court of Appeals affirms an order of the District Court denying for want of jurisdiction a motion to correct a sentence made by the convict after expiration of the term in which the sentence was imposed, the time allowed for petition to this Court for a writ of certiorari is governed by Rule XI of the Rules in Criminal Cases, and is 30 days after the entry of the judgment of the Circuit Court of Appeals. P. 344.
2. The failure of the Rules in Criminal Cases to fix the time allowed for appealing such an order of the District Court to the Circuit Court of Appeals is a casus omissus which left in full force § 8(c) of the Judiciary Act of February 13, 1925, requiring application for the allowance of appeals to the Circuit Court of Appeals to be made within three months after the entry of the order appealed from. P. 345.
124 F.2d 1019 dismissed.
Certiorari, post, p. 652, to review a judgment affirming an order of the District Court, 38 F.Supp. 610, dismissing a motion to correct a sentence out of term for want of jurisdiction.
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Chicago:
U.S. Supreme Court, "Syllabus," United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942) in 316 U.S. 342 316 U.S. 343. Original Sources, accessed July 9, 2025, http://www.originalsources.com/Document.aspx?DocID=SZZ8FCPXQAGGHYU.
MLA:
U.S. Supreme Court. "Syllabus." United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942), in 316 U.S. 342, page 316 U.S. 343. Original Sources. 9 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=SZZ8FCPXQAGGHYU.
Harvard:
U.S. Supreme Court, 'Syllabus' in United States Ex Rel. Coy v. United States, 316 U.S. 342 (1942). cited in 1942, 316 U.S. 342, pp.316 U.S. 343. Original Sources, retrieved 9 July 2025, from http://www.originalsources.com/Document.aspx?DocID=SZZ8FCPXQAGGHYU.
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