List of criminal cases in the Marshall Court


The Marshall Court 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 petitions under § 14 of the Judiciary Act of 1789, 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, 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 and Ex parte Watkins. 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. Further, certificates could not be issued with regard to the legal sufficiency of the evidence—whether on a motion for a new trial, as held in United States v. Daniel, or a motion for a directed verdict, as held in United States v. Bailey.
CaseCitationYearCrimeAuthorDissentSource of jurisdictionLower courtCircuit riderNotes
United States v. Simms1803Faro gambling MarshallWrit of errorC.C.D.C.
United States v. More1805Common law exaction of an illegal fee colour of his office MarshallWrit of errorC.C.D.C.
Ex parte Burford1806MarshallOriginal habeasC.C.D.C. ; Alexandria County justices of the peace
Ex parte Bollman1807Treason and the Neutrality Act of 1794MarshallJohnsonOriginal habeasC.C.D.C.
United States v. Cantril1807CounterfeitingMarshallCertificate of divisionJohnson
United States v. Hudson1812Common law libelJohnsonCertificate of divisionLivingston
United States v. Tyler1812EmbargoLivingstonCertificate of divisionLivingston
United States v. Barber1815EmbargoCertificate of divisionLivingston
United States v. Coolidge1816Common law piracyJohnsonCertificate of divisionStory
United States v. Sheldon1817EmbargoWashingtonCertificate of divisionLivingston
United States v. Bevans1818PiracyMarshallCertificate of divisionStory
United States v. Palmer1818PiracyMarshallJohnsonCertificate of divisionStory
United States v. Klintock1820PiracyMarshallCertificate of divisionMarshall
United States v. Smith1820PiracyStoryLivingstonCertificate of divisionMarshall
United States v. Furlong1820PiracyJohnsonCertificate of divisionJohnson
United States v. Holmes1820PiracyWashingtonCertificate of divisionStory
United States v. Wiltberger1820PiracyMarshallCertificate of divisionWashington
Cohens v. Virginia1821Lottery MarshallWrit of errorQuarterly Session Court for the Borough of Norfolk, Virginia
United States v. Daniel1821PiracyMarshallCertificate of divisionC.C.D.S.C.Johnson
Ex parte Kearney1822Contempt of courtStoryOriginal habeasC.C.D.C.
United States v. Perez1824PiracyStoryCertificate of divisionC.C.S.D.N.Y.Thompson
United States v. Amedy1826Maritime insurance fraudStoryCertificate of divisionMarshall
United States v. Kelly1826PiracyWashingtonCertificate of divisionWashington
United States v. Ortega1826Assault on ambassadorWashingtonCertificate of divisionWashington
United States v. Gooding1827Slave tradingStoryCertificate of divisionDuvall
United States v. Marchant1827PiracyStoryCertificate of divisionStory
Ex parte Watkins1830Common law fraud MarshallOriginal habeasC.C.D.C.
United States v. Paul1832Assimilative burglary MarshallCertificate of divisionC.C.S.D.N.Y.Thompson
United States v. Reyburn1832Neutrality Act of 1818ThompsonCertificate of divisionDuvall
United States v. Quincy1832Neutrality Act of 1818ThompsonCertificate of divisionDuvall
Worcester v. Georgia1832Unlicensed presence in Cherokee country MarshallBaldwinWrit of errorSuperior Court for the County of Gwinnett, Georgia
United States v. Phillips1832Interference with diplomatic immunityCertificate of divisionBaldwin
United States v. Turner1833CounterfeitingStoryCertificate of divisionC.C.D.N.C.Marshall
United States v. Wilson1833Mail robberyMarshallCertificate of divisionBaldwin
United States v. Brewster1833CounterfeitingCertificate of divisionBaldwin
United States v. Mills1833Mail robberyThompsonCertificate of divisionC.C.D.N.C.Marshall
Ex parte Watkins1833Common law fraud StoryJohnson; McLeanOriginal habeasC.C.D.C.
United States v. Randenbush1834CounterfeitingMarshallCertificate of divisionBaldwin
United States v. Bailey1835False statementsStoryMcLeanCertificate of divisionMcLean
United States v. Bailey1835False statementsMarshallCertificate of divisionMcLean
Ex parte Milburn1835Faro gambling StoryOriginal habeasC.C.D.C.