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Purcell v. DAVIE, JUDGE, LaPORTE CIRCUIT COURT

Purcell v. DAVIE, JUDGE, LaPORTE CIRCUIT COURT, 145 N.E.2d 729 (Ind. 1957)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 14, 1957
Docket
No. 0-495
Judges
Per Curiam
Citations
145 N.E.2d 729237 Ind. 7001957 Ind. LEXIS 312

Opinion — Per Curiam

Per Curiam It appears that petitioner herein seeks to appeal from a judgment of the LaPorte Circuit Court denying his peti-' tion for a writ of habeas corpus.

Although no appeal has been perfected for the reason that no proper transcript and assignment of errors have been filed as required by Rule 2-2 of this court, 1954 Edition, no good purpose would be served by assuming jurisdiction in the case and granting an extension of time within which to file a proper transcript and assignment of errors for the following reasons: Exhibit “A” filed with the petition herein purports to be a copy of petitioner’s application for a writ of habeas corpus; and the petition shows on its face that petitioner was sentenced under a judgment of the Greene Circuit Court entered June 5, 1956, which judgment was regular on its face.

Under these circumstances the LaPorte Circuit Court did not err in dismissing the petition for habeas corpus for want of jurisdiction, since a State Court has no jurisdiction to examine or review a final judgment of another State Court of coordinate jurisdiction regular on its face as shown by its intrinsic record. Petitioner’s remedy here must be found in the Greene Circuit Court by direct attack upon the judgment which he here seeks to question.

Dowd, Warden v. Grazer (1954), 233 Ind. 68, 78 , 116 N. E. 2d 108 ;

Witte v. Dowd, Warden (1952), 230 Ind. 485 , 102 N. E. 2d 630 ;

State ex rel. Cook v. Howard, Warden (1946), 223 Ind. 694, 699 , 64 N. E. 2d 25 .

For the foregoing reasons the petition herein is dismissed.

Note. — Reported in 145 N. E. 2d 729 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 11964: 11993: 119622026peak 1962 · 1

Relies on it most ⓘ

  1. Kiskowski v. O'HARA622 N.E.2d 991 (Ind. Ct. App. 1993)
  2. State ex rel. Continental Music Co. v. Marion Circuit Court180 N.E.2d 240 (Ind. 1962)
  3. Outlaw v. Lane195 N.E.2d 459 (Ind. 1964)

Most recent

  1. Kiskowski v. O'HARA622 N.E.2d 991 (Ind. Ct. App. 1993)
  2. Outlaw v. Lane195 N.E.2d 459 (Ind. 1964)
  3. State ex rel. Continental Music Co. v. Marion Circuit Court180 N.E.2d 240 (Ind. 1962)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Witte v. Dowd, 102 N.E.2d 630 (Ind. 1951) 32
State ex rel. Cook v. Howard, 64 N.E.2d 25 (Ind. 1945) 17
Dowd v. Grazer, 116 N.E.2d 108 (Ind. 1953) 4

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