United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re Application of Burwell, 350 U.S. 521 (1956)

In re Application of Burwell

No. 736

Decided April 2, 1956*

350 U.S. 521

Syllabus

1. A Court of Appeals has jurisdiction to entertain applications for certificates of probable cause, under 28 U.S.C. § 2253, addressed to that Court instead of to a judge or judges thereof. P. 350 U. S. 522.

2. It is for the Court of Appeals to determine whether an application to that Court for a certificate of probable cause under 28 U.S.C. § 2253 is to be considered by a panel of that Court, by one of its judges, or in some other way that the Court deems appropriate. P. 350 U. S. 522.

3. It is not for this Court to prescribe how the discretion vested in a Court of Appeals, acting under 28 U.S.C. § 2253, should be exercised, and, so long as that Court keeps within the bounds of judicial discretion, its action is not reviewable. P. 350 U. S. 522.

Certificates dismissed.