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# Case v. Nebraska/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
* Concurring Opinions Clark Brennan
United States Supreme Court
381 U.S. 336
Case v. Nebraska
Argued: April 28, 1965. --- Decided: May 24, 1965
Petitioner sought a writ of habeas corpus in the District Court for Lancaster County, Nebraska, alleging that he was unconstitutionally denied the assistance of counsel when he entered a plea of guilty in that court to a charge of burglary. The trial court dismissed the petition without a hearing, and filed no opinion. The Nebraska Supreme Court affirmed. 177 Neb. 404, 129 N.W.2d 107. The Supreme Court's opinion recognized that petitioner's allegations, if true, would establish a violation of the Federal Constitution. 177 Neb., at 410, 129 N.W.2d, at 111. The Supreme Court held, however, that, in Nebraska, 'Habeas corpus is not available to discharge a prisoner from a sentence of penal servitude if the court imposing it had jurisdiction of the offense and of the person charged with the crime, and the sentence was within the power of the court.' 177 Neb., at 412, 129 N.W.2d, at 112. We granted certiorari, 379 U.S. 958, 85 S.Ct. 672, 13 L.Ed.2d 554, to decide whether the Fourteenth Amendment requires that the States afford state prisoners some adequate corrective process for the hearing and determination of claims of violation of federal constitutional guarantees.
After certiorari was granted, the Nebraska Legislature enacted a statute providing a postconviction procedure. Neb.Leg. Bill 836, Seventy-fifth Session, effective April 12, 1965. On its face, the statute provides for a hearing of petitions such as this one, alleging denial of federal constitutional rights. Therefore, the judgment is vacated and the cause remanded to the Nebraska Supreme Court for reconsideration in light of the supervening statute.
It is so ordered.
Judgment vacated and cause remanded.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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# Catholic Encyclopedia (1913)/Frederick Oakeley

* related authors: Frederick Oakeley.
* sister projects: Wikipedia article, Wikidata item.
From volume 11 of the work.
Born 5 September, 1802, at Shrewsbury; died 30 Jan., 1880, at Islington, the youngest son of Sir Charles Oakeley, Bart, he graduated at Christchurch in 1824, and three years later was elected Fellow of Balliol, where he afterwards became the close friend of W.G. Ward, with whom he joined the Tractarian party. In 1839 he became incumbent of Margaret Chapel, the predecessor of the well-known All Saints, Margaret Street, London, soon noted for its high church services; he was a frequent visitor to Oxford, and stood by Ward at the time of his condemnation in 1845. He defended Tract SC and in consequence his bishop suspended him. He retired to Newman's community at Littlemore, and a few weeks later followed him into the Catholic Church. After a short course of theology at St. Edmund's College, he was ordained by Dr. Wiseman in 1847. The next thirty-three years were spent as a canon of the Westminister chapter and missionary rector of St. John's, Islington. Short-sighted, small of stature, lame, he exercised a wide influence by his personality, his writings, and the charm of his conversation. His chief works are: Before his conversion: "Aristotelian and Platonic Ethics" (Oxford, 1837); "Whitehall Sermons" (Oxford, 1837-39) "The Subject of Tract XC examined" (London, 1841); "Homilies" (London, 1842); "Life of St. Augustine" (Newman's series, Toovey, 1844). After his conversion: "Practical Sermons" (London, 1848); "The Catholic Florist" (London, 1851); "The Church of the Bible" (London, 1857); "Lyra Liturgica" (London, 1865); "Historical Notes on the Tractarian Movement" (London, 1865); "The Priest on the Mission" (London, 1871).
BERNARD WARD
# Catholic Encyclopedia (1913)/Frederick W. von Egloffstein

From volume 5 of the work.
Egloffstein, Frederick W. von, b. at Aldorf, near Nuremberg, Bavaria, May 18, 1824; d. in New York, 1885. He served in the Prussian army in his early manhood and then emigrated to the United States. Von Egloffstein has been called "The Father of Halftone Engraving" in the United States, for the reason that he was the first one to employ ruled glass screens, together with photography, to produce engravings. In 1861 he engaged Samuel Sartain, a steel engraver, to rule with wavy lines numbering 250 to the inch glass plates covered with an opaque varnish, and he was engaged in perfecting his experiments in this direction when the Civil War broke out. Abandoning his business, he joined the Union army as a volunteer from New York and was commissioned a colonel. While leading a skirmish in North Carolina, April 27, 1862, he was severely wounded and retired from the service with the brevet rank of brigadier general. Under the patronage of Archbishop McCloskey he then took up his new system of engraving again, and one of Murillo's madonnas and a picture of the facade of St. Francis Xavier's College, New York, were produced by his patented process. Von Egloffstein thought to circumvent counterfeiting, so prevalent at that period, by having bank-notes engraved by his method.
Through Baron Gerolt, Prussian Minister at Washington, he was introduced to a number of officials and prominent men, who organized The Heliographic Engraving and Printing Company, with a plant in New York City. There the von Egloffstein process of engraving was carried on in a secret manner. Each group of workmen was taught a part of the work, but no one was permitted to see the whole process. The United States Government refused to adopt von Egloffstein's method of engraving, and the company abandoned the project. The common method of engraving now is by means of ruled glass screens and photography. Glass screens ruled with wavy lines, such as von Egloffstein adopted in 1861, are also being used (1909). Von Egloffstein, as a member of the United States engineering department, later performed valuable services for the Government in the submarine work at Rock Island, Illinois, and in the blasting operations at Hell Gate in New York Harbor.
S. H. HORGAN
# Catholic Encyclopedia (1913)/Frederic René Coudert

From volume 4 of the work.
Born in New York, 1 March, 1832; died at Washington, D. C., 20 December, 1903. He graduated from Columbia College in his native city in 1850, and on his majority was admitted to practice in the courts. He became a leader of the Bar, being learned in the science of the law and skilled in its art and practice. During the controversy concerning American and British seal fisheries in the Bering Sea, and in the controversy concerning the disputed boundary between Venezuela and British Columbia, he acted as legal adviser for the United States Government. He was an orator not only in English, but also in the French, Spanish, and Italian languages, and was gifted with a manner and style singularly attractive, with ready wit and power of sarcasm. He bore testimony to his political principles in periods of strain and controversy. He consented in 1876 to visit Louisiana for the purpose of urging the "Returning Board" of that politically distracted State to act justly respecting election returns which were to determine the presidential succession, and in 1892 and again in 1893 he was a prominent opponent of the courses taken by his own political party. Politics he seemed to regard as a means for carrying into effect certain principles, not as a means of office-seeking. He declined the Russian mission, a judgeship of the Court of Appeals of the State of New York, and a justiceship of the Supreme Court of the United States. He accepted (and it was the only public office he ever held) the inconspicuous and unsalaried membership in the Board of Education of the City of New York. As a Catholic he was always loyal to the Church; as the son of a French refugee he never forgot France. On two subjects he declared himself to be sensitive: the Bark of Peter and the land of his ancestors.
Addresses by Frederic H. Coudert (New York and London, 1905); Annual Reports of the Association of the Bar of the City of New York (New York, 1905); U. S. Cath. Hist. Soc. Records and Studies (New York, 1904).
CHARLES W. SLOANE
# Catholic Encyclopedia (1913)/Diocese of Borgo San-Donnino

From volume 2 of the work.
Diocese in the province of Parma, Italy. The city takes its name from St. Domninus, who fled to that place during the persecution of Maximian (286-305) and suffered martyrdom. It did not become an episcopal see until 1601,under Clement VIII, having until then been governed ecclesiastically by a provost with full faculties, subject directly to the Holy See. The last provost, Papiro Picedi da Castel Vezzano, was the first Bishop of Borgo San-Donnino. The cathedral, dating from the twelfth century, is a beautiful monument of Romanesque architecture; its façade, however, is still unfinished. Among the notable occupants of this see have been: Alfonso Pozzi (1620), a learned and zealous man; Ranuccio Scoti (1626), several times papal nuncio under Urban VIII, particularly to Switzerland; Filippo Casoni (1650), who urged Ughelli to write his "Italia Sacra"; Alessandro Parravicini, a Benedictine (1660); Gaetano Garimberti (1675), who enlarged the episcopal residence and enriched the cathedral with gifts of sacred vessels and furnishings; Alessandro Roncovieri (1700), distinguished for his zeal and charity; Gerardo Giandemaria (1719), who held a diocesan synod the wise decrees of which are still in force; Girolamo Baiardi (1753), who restored the episcopal residence and founded a hospital; Alessandro Garimberti (1776) who was distinguished for his prudent conduct during the French invasion, and who left his library to the seminary. This diocese has a population of 60,400, with 54 parishes, 76 churches and chapels, 100 secular priests, 10 regulars, and 70 seminarians.
BATTANDIER, Ann. pont. cath. (Paris, 1907).
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Bosa

From volume 2 of the work.
In the province of Cagliari, The city numbers about 35,000 inhabitants. St. Gregory the Great, in one of his letters, speaks of a Bishop of Bosa, without, however, mentioning the bishop's name. In 1073 Constantino de Castro, Bishop of Bosa, who, according to an inscription,had built the cathedral dedicated to St. Peter, was appointed Metropolitan of Torres by St. Gregory VII. Among the most illustrious bishops of this see are numbered: the learned Cardinal Giovanni Casanova (1424), G. Freancesco Fara (1591), author of the first (but very innaccurate) historyof Sardinia; Serafino Esquirro, a learned theologian, who had been General of the Servites (1677). It is asserted by some that the see was originally at Calmedia, but was transferred to Bosa after the destruction of the former town; also, that the first bishop was St. Emilius, sent thither by St. Peter and martyred in 70 -- for this, however, there is no historical evidence. The diocese has a population of 40,200, with 21 parishes, 104 churches and chapels, 100 secular priests, and 40 seminarians.
CAPPELETTI, Le chiese d'Italia (Venice, 1844), XIII; BATTANDIER, Ann. pont. cath. (Paris, 1907).
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Brindisi

From volume 2 of the work.
Brindisi-called by the Romans Brundusium or Brundisium, by the Greeks Brentesion-is a city of in the province of Lecce, in Apulia, on a rocky peninsula which extends into the Adriatic.
In ancient times it was very important as a seaport, being accessible in all winds. In 245 B.C. the Romans captured Brindisi without striking a blow and established a Roman colony there. This city was one terminal of the Via Appia. In the civil wars between Caesar and Pompey, Brindisi was the base of naval operations. Brindisi was the birthplace of the poet Pacuvius; here also Virgil died in 19 B.C., on his return from Greece.
During the invasions of the barbarians it was taken and destroyed several times, but was always rebuilt within a short space of time, so that as late as the twelfth century it had a population of 60,000, which has since dwindled to about 20,000. The harbor gradually filled up, which hindered navigation. The Italian Government made great attempts to remedy this, but on account of an error of judgment the beneficial results anticipated were not permanent.
According to a local legend, the first Bishop of Brindisi was St. Leucius, about 165, who later underwent martyrdom. However, taking into consideration the geographical position of this city, the beginnings of Christianity in Brindisi must date back to the first century. There is no historical proof for this except the account given by Arnobius of the fall of Simon Magus, who according to him withdrew to Brindisi and cast himself from a high rock into the sea.
The Diocese of Brindisi at first embraced the territory comprised within the present Diocese of Oria. In the tenth century, after Brindisi had been destroyed by the Saracens, the bishops took up their abode at Oria, on account of its greater security. In 1591, after the death of Bishop Bernardino di Figueroa, Oria was made the seat of a new diocese. In the reorganization of the dioceses of the Kingdom of Naples in 1818 Brindisi was combined with the Diocese of Ostuni, formerly its suffragan. Brindisi has been an archiepiscopal see since the tenth century. The ancient cathedral was located outside the city, but in 1140 Roger II, King of Sicily and Naples, built the present cathedral in the centre of the city.
The bishops of Brindisi worthy of mention are:
In this diocese is the shrine of Mater Domini, near Mesagne. A beautiful church was erected there in 1605 to replace the ancient rustic chapel. The diocese has a population of 119,907, with 23 parishes, 89 churches and chapels, 181 secular and 15 regular clergy, and 64 seminarians.
CAPPELLETTI, Le chiese d'Italia (Venice, 1844), XXI, 113-122; GUERRIERI, Sui vescovi della chiesa metropolitana di Brindisi (Naples, 1846); Annuario Eccl. (Rome, 1907), 346-348.
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Borgo San-Sepolcro

From volume 2 of the work.
Diocese situated in the province of Arezzo, Tuscany, Italy. The city is believed by some to be the ancient Biturgia mentioned by Ptolemy, and is so designated in the usage of the Roman Curia. The foundation of the present city is attributed to two pilgrims of the tenth century, who halted in this neighbourhood on their return from Palestine, and built an oratory in which they placed the relics they had brought from the holy places. This oratory attracted many pilgrimages; gradually there grew up about it a settlement of considerable size known as Borgo San-Sepolcro. Later on, Camaldoli monks erected a monastery there, the abbot of which had temporal jurisdiction over the town. Guido Petramala, Bishop of Arezzo, fortified Borgo San-Sepolcro, and made it a Ghibelline strong-hold. At first subject to the Diocese of Castello, it was made an episcopal see by Leo X in 1515, the first bishop being Giovanni Ev. Galeotto Graziani. Among the bishops worthy of record are Nicolo Tornabuon (1560), a learned theologian, author of a treatise on the controversies between Catholics and Calvinists; Dionisio Bussotti (1638), likewise a skilled theologian; Gian Lorenzo Tilli (1704), founder of the seminary. The cathedral is a splendid three-nave Romanesque edifice, showing, however, a marked tendency towards the Gothic. A famous image of the Holy Face (Volto Santo) is venerated in the cathedral. It is a wooden crucifix of heroic size; the sacred Body is covered with a long tunic, and a crown rests on the head. It resembles the Volto Santo of Lucca, and has been in this cathedral since the tenth century; previously it was kept in the neighbouring castle of Bibbiona. Nothing certain is known as to its origen. However, the crucified Christ dressed in a long garment (colobium) indicates a great antiquity, perhaps the eighth or ninth century. Other beautiful churches are those of San Agostino and Santa Maria; the latter has a beautiful baptistery, brought thither from the ancient church of San Agostino. Noteworthy also is the church of San Nicola, built in 1258 by Franciscan, Fra Tommaso da Spello, and restored in the eighteenth century. This diocese has a population of 60,500 Catholics, with 135 parishes, 250 churches and chapels, 190 secular priests, 26 regulars, and 60 seminarists. There are 3 academies, one for girls, and 2 for boys. The male religious orders represented are: Minors Conventual, Servites, Capuchins; the female congregations are: Franciscans, Capuchins, Benedictines, Sisters of St. Anne, Sisters of Charity, Sisters of the Sacred Heart, Salesian Sisters, about 70 in all.
CAPPELETTI, Le chiese d'ltalia (Venice, 1844), XVII; Annuario Eccl. (Rome, 1907), 331-334.
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Bova

From volume 2 of the work.
DIOCESE OF BOVA.
Situated in the civil province of Reggio,in Calabria, Italy, suffragan to the Archdiocese of Reggio. Luminosus, who attended the Lateran Council (649), under Pope Martin I, is believed by some to have been the firt Bishop of Bova; in reality he was Bishop of Bologna. The city of Bova (and consequently the see) is of much later origin than the pontificate of Martin I; it was peopled about 1477 by Albanian refugees fleeting from the Turkish invasions that followed upon the death of Scanderbeg. In their new home these Albanians retained the Greek rite, which remained in use until the reign of Pope Gregory XIII. One of the most distinguished Bishops of Bova was Achille Brancia (1549), a member of the council of Trent. The diocese contains about 20,000 souls, 14 parishes, 34 churches and chapels, 34 secular priests, and 25 seminarians.
CAPELLETTI, Le chiese d'Italia (Venice, 1844), XXI; BATTANDIER, Ann. Pont. Cth. (Paris, 1907).
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Bovino

From volume 2 of the work.
Diocese in the province of Foggia, Italy, suffragan to the Archdiocese of Benevento. The city, built on a gentle slope, has a population of over 30,000. The first bishop of Bovino known to history is a certain Joannes mentioned in a deed of Landulplhus I, Archbishop of Beneventum, dated 971. Among other bishops are Ugo (1099), whose services and bounty to the Church are eulogized on two tablets, one preserved in the episcopal residence, the other in the cathedral; Giso (1100), commemorated on the façade of the church of San Pietro; Roberto (1190), who built the shrine of San Michele; Pietro, who erected a new cathedral to replace the ruinous old one; Bartolomeo della Porta (1404), a distinguished jurisconsult; Cardinals Benedetto Accolti (1530) and Gabriele Marini (1535); Gian Domenico Annio, successor to his brother, Gian Ferdinando (1565), and the greatest canonist of his time; Paolo Tolosa (1601), founder of the seminary and later Archbishop of Chieti; Angelo Ceraso (1685), a man of great sanctity, who always made the visitation of his diocese on foot.
On account of political entanglements consequent upon difficulties which had arisen between the pope and the court of Naples, this see remained vacant from the death of Bishop Nicolò Molinari, in 1792, until 1818. There exists to the present day in this diocese a famous shrine of Our Lady (Santa Maria in Valverde) erected in 1244 by Bishop Giambattista. The little town of Castelluccio in the diocese is inhabited almost entirely by descendants of Greeks who took refuge in Italy in the fifteenth century. They have a clergy and a liturgy of their own rite. The diocese contains 32,710 Catholics, 10 parishes, 76 churches and chapels, 80 secular priests, and 13 seminarians.
CAPPELLETTI, Le chiese d'Italia (Venice, 1844); BATTANDIER, Ann. Pont. Cath. (Paris, 1907).
U. BENIGNI
# Catholic Encyclopedia (1913)/Diocese of Bragança-Miranda

From volume 2 of the work.
(Brigantiensis.)
This diocese is situated in the northeastern part of the Kingdom of Portugal, in the civil province of Tras-os-Montes, and lies between 2° and 3° 3' of longitude west of the meridian of Madrid, 41° 20' and 42° of north latitude. It is bounded on the north by the Dioceses of Astorga and Orense, on the east by those of Salamanca and Zamora, on the south by that of Lamego, and on the west by the Archdiocese of Braga. The civil province is bounded on the north and east by the frontier of Spain comprising portions of the Provinces of Salamanca, Zamora, Leon, and Orense. The greater part of the territory of this diocese is undulating and mountainous and is traversed by several rivers, which, rising in the Sierras de Sanabria and the Sierra Seca y Segundera, flow from north to south, emptying finally into the river Duero. The climate in general is cold especially in the mountainous region. The southern part and the banks of some rivers and the level tracts of land, such as the one in which Bragança is situated are fertile, but the rest is unproductive of cereals, although there are broad tracts of land that pasture large herds of cattle which supply a great part of Portugal and Spain with meat.
This see is comparatively modern. It was erected by Pope Paul III in the town of Miranda bordering on Spain, its territory being taken from the Archdiocese of Braga, but Clement XIV in 1770 transferred it to Bragança, from which the name Bragança-Miranda is derived. The diocese is a suffragan of Braga. The city of Bragança, which is the capital of the province of Tras-os-Montes, is situated in a delightful valley near the confluence of the rivers Pervenza and Sabor. The cathedral, dedicated to the Annunciation, is one of the prominent buildings of the city. It has a very large chapter composed of the dean, nine canons, including the theologian, six beneficed clergy, eight chaplains, and six clerics. The episcopal household receives 1,166 florins from the Government for its support. The episcopal palace and the diocesan seminary for the education of students for the priesthood are large and spacious. Besides the cathedral there is another church which has collegiate rank, and throughout the diocese there are schools and classes for instruction in Christian doctrine. There is a hospital and a Monte de piedad, and before the secularization there were three religious communities, one of men and two of women. The city of Bragança is fortified, having a citadel or small fortress for its defence. The reigning house of Portugal is descended from the Dukes of Bragança and has occupied the throne of Portugal since the separation of Spain and Portugal in the time of Philip IV.
Moreri, Le grand dict. hist.
TIRSO LÓPEZ