Case Citator › Darr v. Burford

Darr v. Burford

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
339 U.S. 200
Decided
Confirmed treatments
1
Flagged citations read
87 of 87
Citing cases (total)
969
Treatment dates
1963
Overruled in part
A reviewed court has overruled part of this case’s holding. Darr v. Burford has been overruled in part: all 87 flagged citations have been read, and the 1 confirmed treatment is listed below. Fay v. Noia expressly overruled Darr's rule requiring a state prisoner to seek Supreme Court certiorari before pursuing federal habeas relief, while retaining Darr's broader explanation of state-remedy exhaustion and comity.
More on how this was screened

Seventy-three reviewed opinions merely reported Fay's act; the others applied Darr's surviving principles, cited unrelated propositions, or contained no citation to Darr.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

969 later cases cite Darr v. Burford; 87 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Darr v. Burford?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court overruled Darr's requirement that a state prisoner seek certiorari from an adverse state decision before pursuing federal habeas relief.

    Fay v. Noia · Supreme Court of the United States · filed

    But what we hold today necessarily overrules Darr v. Bur ford to the extent it may be thought to have barred a state prisoner from federal habeas relief if he had failed timely to seek certiorari in this Court from an adverse state decision, Furthermore, our decision today affects all procedural hurdles to the achievement of swift and imperative justice on habeas corpus, and because the hurdle erected by Darr v. Bur ford is unjustifiable under the principles we have expressed, even insofar as it may be deemed merely an aspect of the statutory requirement of present exhaustion, that decision in that respect also is hereby overruled.
    Read the full opinion on CourtListener →

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