Anders Vs. Floyd

Anders vs Floyd

Type Court Judgment Court US Supreme Court Decided Mar-05-1979

~2 min read

https://sooperkanoon.com/case/104646

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/104646
Court: US Supreme Court
Decided On: Mar-05-1979
Case Number: 440 U.S. 445
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Anders

Respondent

Floyd

Excerpt

.....and remanded. per curiam. the motion of legal defense fund for unborn children for leave to file a brief, as amicus curiae, is denied. the motion of david gaetano for leave to file a brief, as amicus curiae, is granted. appellee was indicted by a grand jury of richland county, s. c., for criminal abortion and murder in connection with the abortion of a 25-week-old fetus. the district court enjoined the prosecution, concluding that under roe v. wade, 410 u.s. 113 (1973), there was no possibility of obtaining a constitutionally binding conviction of appellee. 440 f. supp. 535 (1977). because the district court may have reached this conclusion on the basis of an erroneous concept of "viability," which refers to potential, rather than actual, survival of the fetus outside the womb, colautti v. franklin, 439 u.s. 379, 388 -389 (1979), the judgment is vacated and the case is remanded to the united states district court for the district of south carolina for further consideration in light of colautti. in addition, it is suggested, in view of the alternative constructions of the south carolina criminal statutes that are page 440 u.s. 445, 446 available, that the district court give further consideration to the possibility of abstention, at least in part, in deference to the pendency of the state-court proceeding. vacated and remanded. mr. justice stewart dissents. page 440 u.s. 445, 447

Full Judgment

ANDERS v. FLOYD - 440 U.S. 445 (1979)
U.S. Supreme Court ANDERS v. FLOYD, 440 U.S. 445 (1979) 440 U.S. 445

ANDERS, SOLICITOR OF RICHLAND COUNTY v. FLOYD
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT
OF SOUTH CAROLINA
No. 77-1255.

Decided March 5, 1979

Where it appears that the District Court's judgment enjoining a South Carolina prosecution in connection with the abortion of a 25-week-old fetus may have been based on an erroneous concept of "viability," the judgment is vacated and the case is remanded for further consideration in light of Colautti v. Franklin, 439 U.S. 379 , and also for further consideration of abstention in view of the possible alternative constructions of the South Carolina criminal statutes.

440 F. Supp. 535, vacated and remanded.

PER CURIAM.

The motion of Legal Defense Fund for Unborn Children for leave to file a brief, as amicus curiae, is denied.

The motion of David Gaetano for leave to file a brief, as amicus curiae, is granted.

Appellee was indicted by a grand jury of Richland County, S. C., for criminal abortion and murder in connection with the abortion of a 25-week-old fetus. The District Court enjoined the prosecution, concluding that under Roe v. Wade, 410 U.S. 113 (1973), there was no possibility of obtaining a constitutionally binding conviction of appellee. 440 F. Supp. 535 (1977). Because the District Court may have reached this conclusion on the basis of an erroneous concept of "viability," which refers to potential, rather than actual, survival of the fetus outside the womb, Colautti v. Franklin, 439 U.S. 379, 388 -389 (1979), the judgment is vacated and the case is remanded to the United States District Court for the District of South Carolina for further consideration in light of Colautti.

In addition, it is suggested, in view of the alternative constructions of the South Carolina criminal statutes that are

Page 440 U.S. 445, 446

available, that the District Court give further consideration to the possibility of abstention, at least in part, in deference to the pendency of the state-court proceeding.

MR. JUSTICE STEWART dissents.

Page 440 U.S. 445, 447

Same Court & Year US Supreme Court · 1979 Same Parties Anders vs Floyd Same Subject Land Acquisition