Biddle v. Perovich, 274 U.S. 480 (1927). · Go Syfert
Biddle v. Perovich, 274 U.S. 480 (1927). Cases Citing This Book View Copy Cite
333 citation events (135 in the last 25 years) across 51 distinct courts.
Strongest positive: State ex rel. Hawkins v. Frederick (ohio, 2025-10-02) · Strongest negative: George Hawkins v. Glenn Youngkin (ca4, 2025-08-20)
Treatment trajectory · 1928 → 2026 · click a year to view as-of
1928 1977 2026
Top citers, strongest first. 34 distinct citers.
discussed Cited "but see" George Hawkins v. Glenn Youngkin
4th Cir. · 2025 · signal: but see · confidence high
But see Biddle v. Perovich, 274 U.S. 480, 487 (1927) (declining to let habeas petitioner refuse a commutation of a capital sentence to a life sentence because “[s]upposing that [the petitioner] did not accept the change, he could not have got himself hanged against the Executive order”).
discussed Cited "but see" United States v. Flynn
D.D.C. · 2020 · signal: but see · confidence high
See Burdick v. United States, 236 U.S. 79, 94 (1915); but see Biddle v. Perovich, 274 U.S. 480, 486-87 (1927) (finding, where defendant sought his release upon the grounds that he had not accepted the commutation of his death sentence to life imprisonment, that “the public welfare, not his consent, determines what shall be done”).
discussed Cited as authority (verbatim quote) State ex rel. Hawkins v. Frederick
Ohio · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
imprisonment for life is a less penalty than death
examined Cited as authority (verbatim quote) Blount v. Clarke (3×) also: Cited as authority (rule)
Va. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
t is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed.
discussed Cited as authority (verbatim quote) Untitled Texas Attorney General Opinion (2×) also: Cited as authority (rule)
Tex. Att'y Gen. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
so far as a pardon legitimately cuts down a penalty, ... the convict's consent is not required.
examined Cited as authority (quoted) United States v. Dodd (3×)
S.D. Iowa · 2019 · signal: see · quote attribution · 3 verbatim quotes · confidence high
no one doubts that a reduction of the term of an imprisonment or the amount of a fine would limit the sentence effectively, on the one side, and, on the other, would leave the reduced term or fine valid and to be enforced.
examined Cited as authority (quoted) Tony W. Robertson v. Eric K. Shinseki (3×)
Vet. App. · 2013 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
when granted is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed.
cited Cited as authority (rule) DAVIS v. United States
S.D. Ind. · 2025 · confidence medium
Id. at 486 (cleaned up).
cited Cited as authority (rule) State v. Pizzuto
Idaho · 2022 · confidence medium
We begin our analysis by recognizing that the power of clemency is a significant “part of the Constitutional scheme.” Biddle v. Perovich, 274 U.S. 480, 486 (1927).
discussed Cited as authority (rule) Martin v. United States
2d Cir. · 2020 · confidence medium
A commutation is such a reprieve that "switch[es] out a greater punishment for a lesser one." Dennis v. Terris, 927 F.3d 955, 958 (6th Cir. 2019) (citing Biddle v. Perovich, 274 U.S. 480, 487 (1927)).
examined Cited as authority (rule) Haugen v. Kitzhaber (4×)
Or. · 2013 · confidence medium
Just as the original punishment would be imposed without regard to the prisoner’s consent and in the teeth of his will, whether he liked it or not, the public welfare, not his consent, determines what shall be done.” Id. at 486 (citation omitted).
discussed Cited as authority (rule) Whether a Presidential Pardon Expunges Judicial and Executive Branch Records of a Crime
OLC · 2006 · confidence medium
Similarly, Justice Holmes’s observation for the Court in Biddle v. Perovich, 274 U.S. 480, 486 (1927), that a pardon is “the determination of the ultimate authority that the public welfare will be better served by inflicting less 108 Whether a Presidential Pardon Expunges Records of a Crime than what the judgment fixed,” suggests that although a pardon lessens the legal effects of a criminal judgment, it does not erase that judgment as historical fact.
examined Cited as authority (rule) Fletcher v. Graham (4×)
Ky. · 2006 · confidence medium
The following language from Biddle flatly refutes the Special Justice’s claim: “We are of the opinion that the reasoning of Burdick v. United States is not to be extended to the present case.” Id. at 488 , 47 S.Ct. at 666 (emphasis added) (citation omitted).
discussed Cited as authority (rule) State v. Knutsen
Idaho Ct. App. · 2003 · confidence medium
Just as “by common understanding,” as Justice Holmes said in Biddle v. Perovich, 274 U.S. 480, 486-487 , 47 S.Ct. 664, 665 , 71 L.Ed. 1161, 1163 (1927), imprisonment for life is a less penalty than death (although a punishment of a different sort), so we are convinced that “by common understanding” probation is considered to be less severe and more lenient than imprisonment.
discussed Cited as authority (rule) People v. Hill (2×)
Cal. · 1992 · confidence medium
"By common understanding imprisonment for life is a less penalty than death." ( Biddle v. Perovich (1927) 274 U.S. 480, 487 [ 71 L.Ed. 1161, 1164 , 47 S.Ct. 664 , 52 A.L.R. 832 ].) Conversely, if the death sentence is affirmed, the delay — again, no matter how long — benefitted defendant rather than prejudiced him because the delay prolonged his life.
discussed Cited as authority (rule) Turner v. Wainwright
Fla. Dist. Ct. App. · 1980 · confidence medium
Section 944.291 was amended in 1978 to allow MCR supervision no longer than "2 years as determined by the Parole and Probation Commission." Chapter 78-223, Fla. Laws. [4] Section 947.24, Florida Statutes (1977), provides: In any event, the period of parole shall not exceed the maximum period for which the person has been sentenced. [5] Davis, Function of the Pardon Board as a Part of Our Legal System, 4 Fla.L.J. 467, 468 (1931), quoting Biddle v. Perovich, 274 U.S. 480, 486 , 47 S.Ct. 664, 665 , 71 L.Ed. 1161, 1163 (1927): "We will not go into history, but we will say a word about the principl…
discussed Cited as authority (rule) Schick v. Reed (2×)
SCOTUS · 1974 · confidence medium
In Biddle v. Perovich, 274 U. S. 480, 483 (1927), the Solicitor General expressly noted that “[a] commutation is the substitution of a milder punishment known to the law for the one inflicted by the court.” Mr. Justice Holmes, writing' for a unanimous Court, concluded on a related matter that consent to commutation was unnecessary since “[b]y common understanding imprisonment for life is a less penalty than death.” Id., at 487 .
examined Cited "see" Quincy Dennis v. J.A. Terris (3×)
6th Cir. · 2019 · signal: see · confidence high
See Biddle v. Perovich , 274 U.S. 480 , 487, 47 S.Ct. 664 , 71 L.Ed. 1161 (1927) ; Ex parte Wells , 59 U.S. at 315 .
discussed Cited "see" Blount v. Clarke (2×)
Va. · 2016 · signal: see · confidence high
See Biddle, 274 U.S. at 486 , 47 S.Ct. 664 ("[I]t is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed."); Humbert, supra, at 68-69 (citing Biddle, 274 U.S. at 486 , 47 S.Ct. 664 ).
examined Cited "see" Opinion No. (2002) (3×)
Neb. Att'y Gen. · 2002 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 (1927).
examined Cited "see" State v. Spady (3×)
Neb. · 2002 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480 , 47 S. Ct. 664 , 71 L.
examined Cited "see" In Re Abrams (4×)
D.C. · 1997 · signal: see · confidence high
See Biddle v. Perovich, supra, 274 U.S. at 480, 486 , 47 S.Ct. at 664, 665 (a presidential pardon “is not a private act of grace from an individual happening to possess power" but rather “is a part of the Constitutional scheme”).
discussed Cited "see" In Re Abrams
D.C. · 1995 · signal: see · confidence high
See Biddle v. Perovich, supra, 274 U.S. at 480, 486 (a presidential pardon "is not a private act of grace from an individual happening to possess power” but rather “is a part of the Constitutional scheme”).
examined Cited "see" Maurice Schick v. George J. Reed, Chairman of the United States Board of Parole (6×)
D.C. Cir. · 1973 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480, 486 , 47 S.Ct. 664 , 71 L.Ed. 1161 (1927); Ex parte Wells, 59 U.S. (18 How.) 307, 310 , 15 L.Ed. 421 (1855).
examined Cited "see" Herbert E. Rose v. E. B. Haskins, Superintendent (3×)
6th Cir. · 1968 · signal: see · confidence high
See Escoe v. Zerbst, 295 U.S. 490 , 55 S.Ct. 818 , 79 L.Ed. 1566 (1935) 5 In relation to pardons, however, Mr. Justice Holmes said in Biddle v. Perovich, 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 (1927): "A pardon in our days is not a private act of grace from an individual happening to possess power.
examined Cited "see" Duane Earl Pope v. United States (6×)
8th Cir. · 1967 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480, 487 , 47 S.Ct. 664 , 71 L.Ed. 1161 .
examined Cited "see" United States v. Rosenberg (3×)
2d Cir. · 1952 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 . 1 .
examined Cited "see" United States v. Rosenberg (3×)
2d Cir. · 1952 · signal: see · confidence high
See Biddle v. Perovich, 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 . [1] Cf. our analogous holding in United States v. Remington, 2 Cir., 191 F.2d 246 , with reference to the similar two-witness (or one corroborated witness) rule applicable to proof of an overt act in a perjury trial. [2] Hurst commented: "On the other hand, where the defendant is charged with conduct involving all the elements of treason within the constitutional definition, and the gravamen of the accusation against him is an effort to subvert the government, or aid its enemies, it would seem in disregard of the policy of t…
cited Cited "see" Andreas v. Clark
9th Cir. · 1934 · signal: see · confidence high
See Biddle, Warden, v. Perovich, 274 U. S. 480 ; 47 S. Ct. 664, 665 , 71 L.
examined Cited "see, e.g." Thompson v. Fhuere (3×)
Or. · 2024 · signal: see also · confidence low
This court has repeatedly concluded that “ ‘it is not within judicial competency to control, interfere with, 94 Thompson v. Fhuere or even to advise the Governor when exercising [her] power to grant reprieves, commutations, and pardons.’ ” Haugen v. Kitzhaber, 353 Or 715, 720 , 306 P3d 592 (2013), cert den, 571 US 1167 (2014) (quoting Eacret, 215 Or at 125-26 ); see also Eacret, 215 Or at 127 (“Where the constitution thus confers unlimited power on the Governor to grant reprieves, com- mutations and pardons, his discretion cannot be controlled by judicial decision.”).6 A Governor�…
discussed Cited "see, e.g." Davis v. the State (2×)
Ga. Ct. App. · 2017 · signal: see also · confidence medium
As a pardon is an act of grace, it is a universal rule of interpretation that limitations upon the operation of such a grant of clemency should be strictly construed.”) (emphasis supplied); accord State v. Rand, 32 NW2d 79, 84 (II) (Iowa 1948); see also Biddle v. Perovich, 274 U. S. 480, 486 ( 47 SCt 664 , 71 LE 1161) (1927) (Holmes, J.) (“We will not go into history, but we will say a word about the principles of pardons in the law of the United States.
examined Cited "see, e.g." State Ex Rel. Haskett v. Marion County Criminal Court (7×)
Ind. · 1968 · signal: see also · confidence low
See also Biddle v. Perovich (1927), 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 , 52 A.L.R. 832 .
examined Cited "see, e.g." STATE EX REL. SAVERY ETC. v. Criminal Court of Marion County (7×)
Ind. · 1955 · signal: see also · confidence low
See also Biddle v. Perovich (1927), 274 U.S. 480 , 47 S.Ct. 664 , 71 L.Ed. 1161 , 52 A.L.R. 832 .
discussed Cited "see, e.g." Downs v. Porrata Doria
prsupreme · 1954 · signal: see also · confidence medium
See also Biddle v. Perovich, 274 U. S. 480, 486, 487 , 71 L. ed. 1161, 1163, 1164 (Holmes), (1927); United States v. Wright, 56 F. Supp. 489, 492 (Lindley), (1944); Lupo v. Zerbst, 92 F. 2d 362, 364 , (Holmes), (1937) (certiorari denied in 82 L. ed. 1108); Solesbee v. Balkcom, 339 U. S. 9, 12 , 94 L. ed. 604, 607, (Black), (Frankfurter, dissenting), (1950); United States v. Tomoya Kawakita, 108 F. Supp. 627, 632 , (Mathes), (1952); 23 Am.
Biddle, Warden,
v.
Perovich
771.
Supreme Court of the United States.
May 31, 1927.
274 U.S. 480
Mr. George T. McDermott, with whom Mr. Robert Stone was on the brief, for Perovich., Solicitor General Mitchell, with whom Mr. Robert P. Reeder, Special Assistant to the'Attorney General, was on the brief, for Biddle, Warden.
Holmes.
Cited by 88 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Veterans Claims (3) · S.D. Iowa (3)
[*485] Me. Justice Holmes

delivered the opinion of the Court.

The Circuit Court of Appeals for the Eighth Circuit has certified questions of law to this Court upon facts of which we give an abridged statement. Perovieh was convicted in Alaska of murder; the verdict being that he was ‘guilty of murder in the first degree and that he suffer death.’ On September 15, 1905, he was sentenced to be hanged; and the judgment was affirmed by this Court. 205 U. S. 86. Respites were granted from time to time, and on June 5, 1909, President Taft executed a document by which he purported to “ commute the sentence of the said Vuco Perovieh . . to imprisonment for life in a penitentiary to be designated by the Attorney General of the United States.” Thereupon Perovieh was transferred from jail in Alaska to a . penitentiary in Washington, and, some years later, to one in Leavenworth, Kansas. In November, 1918, Perovieh, reciting that his sentence had been commuted to life imprisonment, applied for a pardon — and did the same thing again on December 10, 1921. On February 20, 1925, he filed in the District Court for the District of Kansas an application for a writ of habeas corpus, on the ground that his removal from jail to a penitentiary, and the order of the President, were without his consent and without legal authority. The District Judge adopted this view and thereupon ordered the prisoner to be set at large. We pass over the difficulties in the way of this conclusion and confine ourselves to the questions pro[*486] posed. The first is: “Did the President have authority to commute the sentence of Perovich from death to life imprisonment? ”

Both sides agree that the act of the President was properly styled a commutation of sentence, but the counsel of Perovich urge that when the attempt is to commute a punishment to one of a different sort it cannot be done without the convict’s consent. The Solicitor General presented a very persuasive argument that in no case is such consent necessary to an unconditional pardon and that it never had been adjudged necessary before Burdick v. United States, 236 U. S. 79. He argued that the earlier cases here and in England turned on the necessity that the pardon should be pleaded, but that when it was brought to the judicial knowledge of the Court “ and yet the felon pleads not guilty and waives the pardon, he shall not be hanged.” Jenkins, 129, Third Century, case 62.

We will not go into history, but we will say a word about the principles of pardons in the law óf the United States. A pardon in our days is not a private act of grace from an individual happening to possess power. It is a part of the Constitutional scheme. When granted it is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed. See Ex parte Grossman, 267 U. S. 87, 120, 121. Just as the original punishment would be imposed without regard to the prisoner’s consent and in the teeth of his will, whether he liked it or not, the public welfare, not his consent, determines what shall be done. So far as a pardon legitimately cuts down a penalty, it affects the judgment imposing it. No one doubts that a reduction of the term of an imprisonment or the amount of a fine would limit the sentence effectively on the one side and on the other would leave the reduced term or[*487] fine valid and to be enforced, and that the convict’s consent is not required.

When we come to the commutation of death to imprisonment for life it is hard .to see how consent has anymore to do with it than it has in the cases first put. Supposing that Perovich did not accept the change, he could not have got himself hanged against the Executive order. Supposing that he did accept, he could not affect the judgment to be carried out. The considerations that led to the modification had nothing to do with his will. The only question is whether the substituted punishment was authorized by law — here, whether the change is within .the scope of the words of the Constitution, Article II, § 2: The President . . . shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” We cannot doubt that the power extends to this case. By common understanding imprisonment for life is a less penalty than death. It is treated so in the statute under which Perovich was tried, which provides that “ the jury may qualify their verdict [guilty of murder] by adding thereto ‘ without capital punishment’; and whenever the jury shall return .a verdict qualified as aforesaid the person convicted shall be sentenced to imprisonment at hard labor for life.” Criminal Code of Alaska, Act of March 3, 1899, c. 429, § 4; 30 Stat. 1253. See Ex parte Wells, 18 How. 307; Ex parte Grossman, 267 U. S. 87, 109. The opposite answer would permit the President to decide that justice requires the diminution of. a term or a fine without consulting .the convict, but would deprive him of the power in the most important cases and require him to permit an execution which he had decided ought not to take place unless the change is agreed to by one who on no sound principle ought to have any voice in what the law should do for the welfare of the whole We are of opin[*488] ion that the reasoning of Burdick v. United States, 236 U. S. 79, is not to be extended to the present case. The other questions certified become immaterial as we answer the first question: Yes.

The Chief Justice took no part in this case.