The
Marshall Court (1801–1835) heard forty-one
criminal cases. The Court heard two writs of error from the
United States Circuit Court of the District of Columbia under § 8 of the second Judiciary Act of 1801, six
original habeas
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion t ...
petitions under § 14 of the
Judiciary Act of 1789
The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Secti ...
, thirty-one
certificates of division under § 6 of the
Judiciary Act of 1802, and two writs of error from the state courts under § 25 of the Judiciary Act of 1789.
The criminal jurisdiction of the Marshall Court was greatly limited by the Court's disclaiming of appellate jurisdiction from the
United States circuit courts by means of a writ of error in ''United States v. More'' (1805), as well as the Court's disclaiming the authority to issue writs of
habeas corpus to prisoners detained pursuant to a post-conviction criminal sentence in ''Ex parte Kearney'' (1822) and ''Ex parte Watkins'' (1830). Certificates of division could only be issued in criminal cases heard by a two-judge panel consisting of a
United States district court judge and a Supreme Court justice
riding circuit
In the United States, circuit riding was the practice of a judge, sometimes referred to as a circuit rider, traveling to a judicial district (referred to as a circuit) to preside over court cases there. A defining feature of American federal cour ...
(the district judge or the circuit rider could also hear cases alone). Further, certificates could not be issued with regard to the legal sufficiency of the evidence—whether on a motion for a
new trial
A new trial or retrial is a recurrence of a court case. A new trial may potentially be ordered for some or all of the matters at issue in the original trial. Depending upon the rules of the jurisdiction and the decision of the court that ordered ...
, as held in ''United States v. Daniel'' (1821), or a motion for a
directed verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, ...
, as held in ''United States v. Bailey'' (1835).
Notes
References
* (1985).
{{Marshall Court
*
Marshall Court