Opinion

Wojculewicz v. Cummings

  • 143 Conn. 624
  • 124 A.2d 886
  • 1956 Conn. LEXIS 217
Court
Supreme Court of Connecticut
Filed
Jul 17, 1956
Status
Published
Author
Wynne
On the bench
Baldwin, Comley, Daly, O'Sullivan, Wynne
Cited by
58 cases

‘‘[S]ince the plaintiff relies on his rights under the federal constitution . . . we are, in passing [on] his claims in that regard, bound to accept the law as formu- lated by the Supreme Court of the United States. . . . Decisions of that court which construe the constitution of the United States are absolutely binding on us.’’ [Citation omitted.]

How later courts described this case

  • ‘‘[S]ince the plaintiff relies on his rights under the federal constitution . . . we are, in passing [on] his claims in that regard, bound to accept the law as formu- lated by the Supreme Court of the United States. . . . Decisions of that court which construe the constitution of the United States are absolutely binding on us.’’ [Citation omitted.]
  • “[t]he writ of habeas corpus, as a remedy for illegal restraint, is a prerogative common-law writ providing a special and extraordinary legal remedy”

Written by the judges who cited it.

The opinion

Wynne, J.

(dissenting). I cannot agree with the conclusion in this case. It seems to me that it makes a mockery of our institutions. The defendant’s return is ample, even if we did not take judicial notice of all the proceedings, to show emphatically that the accused had a fair trial. It is immaterial that he does not think he did. Three times the Supreme Court of Errors passed upon his claims. In one opinion warm praise was voiced for the public defender who fought for the accused. I prefer to stand on judicial process rather than warped protestations. Law and order are too sacred to be overlooked by courts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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