Smith v. United States

providing that the Supreme Court has the discretion to refuse to hear a criminal case if the defendant has escaped from custody | announcing that court considered it within its “dis- cretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render” | dismissing fugitive's criminal appeal because he was not "where he [could] be made to respond to any judgment we may render" | affirming dismissal of FOIA request related to criminal sentence appellant was evading by remaining in Panama | giving a fugitive until the start of the next term to surrender or face dismissal | removing case from docket upon discovery that petitioner had escaped from custody | removing case from docket upon discovery that petitioner had escaped from custody | refusing to hear case of escaped defendant who remained at large | “[U]nless the plaintiff in error submit himself to the jurisdiction of the court below . . . , the cause [will] be left off the docket.” | "[i]t is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party ... is where he can be made to respond to any judgment we render" | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party ... is where he can be made to respond to any judgment we render” | “[i]t is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party ... is where he can be made to respond to any judgment we render” | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party *** is where he can be made to respond to any judgment we may render.” | "It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render.” | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party ... is where he can be made to respond to any judgment we may render” | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party ... is where he can be made to respond to any judgment we might enter.” | removing case from docket because petitioner had escaped from custody | "It is 5 clearly within our discretion to refuse to hear a criminal case in error, unless the 6 convicted party * * * is where he can be made to respond to any judgment we may 7 render." | a case upon which the Court in Molinaro relied | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render.” | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render.” | “It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render.” | “If we affirm the judgment, [the fugitive] is not likely to appear to submit to his sentence. If we reverse it and order a new trial, he will appear or not, as he may consider most for his interest.” | removing case from docket when petitioner escaped from custody