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Durham Vs. United States
Cites for this judgment
- US Supreme Court
- Mar 08, 1971
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Durham v. UnitedSearch
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States - 401 U.S. 481 (1971) U.S. Supreme Court Durham v. UnitedSearch
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States, 401 U.S. 481 (1971) Durham v. UnitedSearch
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petitioner died, and we granted certiorari, vacated the judgment below, and ordered the complaint dismissed. Fletcher v. BryanSearch
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certiorari and vacated the judgment so that the state court could take whatever action it deemed proper. Garvin v. CochranSearch
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Our practice in cases on direct review from state convictions has been to dismiss the proceedings. See Gersewitz v. NewSearch
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York, 326 U.S. 687. In an earlier case, the Court announced the appeal had abated, Johnson v. TennesseeSearch
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U.S. 485, while, in another, the Court stated the cause had abated. List v. PennsylvaniaSearch
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we developed the practice of dismissing the writ of certiorari and remanding the cause to the court below. Singer v. UnitedSearch
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American Tobacco Co. v. UnitedSearch
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United States v. JohnsonSearch
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U. S. 503 , 319 U. S. 520 n. 1. We have cited United States v. PomeroySearch
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F. 279, rev'd sub nom. United States v. NewSearch
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York Central & H.R.R. Co., 164 F. 324, and United States v. DunneSearch
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caused by death on direct review has recently been discussed by the Court of Appeals for the Eighth Circuit in Crooker v. UnitedSearch
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Id. at 320. As stated in List v. PennsylvaniaSearch
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typical one that confronts the federal courts of appeals and with which the Eighth Circuit was concerned in Crooker v. UnitedSearch
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dismissal of the indictment. This disposition seems to me appropriately to reflect the rulings of American Tobacco Co. v. UnitedSearch
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Singer v. UnitedSearch
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U.S. Supreme Court Durham v. UnitedSearch
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See Gersewitz v. NewSearch
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Johnson v. TennesseeSearch
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List v. PennsylvaniaSearch
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United States v. PomeroySearch
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United States v. NewSearch
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and United States v. DunneSearch
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Crooker v. UnitedSearch
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of American Tobacco Co. v. UnitedSearch
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