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Rodriquez Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 02, 1969
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Rodriquez v. UnitedSearch
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States - 395 U.S. 327 (1969) U.S. Supreme Court Rodriquez v. UnitedSearch
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States, 395 U.S. 327 (1969) Rodriquez v. UnitedSearch
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sentencing court to screen out supposedly unmeritorious appeals in summary fashion, a procedure rejected in Coppedge v. UnitedSearch
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had failed to do so. The Ninth Circuit denied petitioner's motion for lack of jurisdiction, citing United States v. RobinsonSearch
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Coppedge v. UnitedSearch
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must, if indigent, prepare their petitions without the assistance of counsel. See Johnson v. AverySearch
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though they have never had the assistance of counsel in preparing one. Like the approach rejected long ago in Powell v. AlabamaSearch
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urges us to remand this case for a truncated factual hearing. Drawing upon this Court's recognition in Machibroda v. UnitedSearch
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appears on the record before us, we see no need for any factual determinations on remand. Cf. United States v. SmithSearch
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The Ninth Circuit rule originated in two 1964 decisions, Wilson v. UnitedSearch
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States, 338 F.2d 54, and Miller v. UnitedSearch
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States, 339 F.2d 581. Cf. McGarry v. FoglianiSearch
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error in his application, but the Government may defeat relief by showing that an appeal would be futile. Desmond v. UnitedSearch
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Both petitioner and the Government attempt to find support in the position of the Tenth Circuit. Hannigan v. UnitedSearch
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Eighth, and District of Columbia Circuits do not require any showing about the issues to be raised on appeal. Camp v. UnitedSearch
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United States v. SmithSearch
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Calland v. UnitedSearch
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Williams v. UnitedSearch
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Dillane v. UnitedSearch
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and this Court's statement in Machibroda v. UnitedSearch
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defendants, whether or not represented by counsel. See ante at 395 U. S. 331 , n. 3. See also Peoples v. UnitedSearch
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Boruff v. UnitedSearch
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U.S. Supreme Court Rodriquez v. UnitedSearch
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United States v. RobinsonSearch
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See Johnson v. AverySearch
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Powell v. AlabamaSearch
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Machibroda v. UnitedSearch
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Cf. United States v. SmithSearch
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Wilson v. UnitedSearch
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and Miller v. UnitedSearch
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Cf. McGarry v. FoglianiSearch
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Desmond v. UnitedSearch
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of the Tenth Circuit. Hannigan v. UnitedSearch
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Camp v. UnitedSearch
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Peoples v. UnitedSearch
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