U]pon a writ of error
, whereto shall be annexed and returned therewith at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and prayer for reversal, with a citation to the adverse party, signed by the judge of such district court, or a justice of the Supreme Court.
Although the Court had not previously used its statutory authority under section 25 to review a state criminal prosecution in the thirty-plus years between the Judiciary Act of 1789 and the writ of error
in Cohens, the Supreme Court's practical extension of section 25 review in that case was almost entirely ignored as a matter of statutory interpretation.
The writ of error
allowed a superior court to remedy legal mistakes in lower law-court judgments.
Apres que le writ of attaint soit tombe en desuetude, cet autre moyen, le writ of error
, se developpe a partir du debut du XVIIIeme siecle, vers 1705126, et il sera longtemps utilise par les tribunaux de common law pour corriger un certain type d'erreur.
in 1875 by authorizing review by appeal or writ of error
, thus switching
In-Custody Requirement of Relief Under the Writ of Error
Coram Nobis--Trenkler v.
Under English common law, the right to trial by jury included the protection that a judgment could only be reviewed by a writ of error
No law constrained members of a Freedmen's Bureau court-martial from exacting any penalty they decided, and no appeal to their sentence was allowed, no writ of error
in any court of law.
His final action, a writ of error
to the Lords in 1705, failed on a procedural technicality, thus allowing the House to avoid debating the underlying constitutional issues.
In any case, civil or criminal, in which the judgment or decree of the circuit court of appeals is made final by the provisions of this Title, it shall be competent for the Supreme Court to require, by certiorari or otherwise, upon the petition of any party thereto, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error
to the Supreme Court.
Without delay, Dean appealed to Shipman and Nelson by seeking a writ of error
For example, the Judiciary Act of 1789 gave federal circuit courts the authority to review the final decisions of the district courts in civil cases only on writ of error
84) In the state prisoner context, Liebman's account explains why the scope of habeas corpus increased when federal review as of right through writ of error
became largely discretionary.
When the Supreme Court refused, in October 1983, to review Alger Hiss's petition for a writ of error
coram nobis of his 1950 conviction on perjury charges, one of the most significant political trials in American history had finally come to an end.
If a criminal defendant prevails on a federal law ground at the Supreme Court after losing in the state court, the appropriate remedy might be something like release from prison or a new trial, but the Supreme Court was given no authority to issue these kinds of remedies when hearing cases via writ of error
in state court cases.