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Davis Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 10, 1974
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Davis v. UnitedSearch
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States - 417 U.S. 333 (1974) U.S. Supreme Court Davis v. UnitedSearch
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States, 417 U.S. 333 (1974) Davis v. UnitedSearch
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remand by the Court of Appeals for reconsideration in the light of the intervening decision of this Court in Gutknecht v. UnitedSearch
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While petitioner's petition for certiorari was pending in this Court, the Court of Appeals decided United States v. FoxSearch
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Kaufman v. UnitedSearch
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Court of Appeals for the Ninth Circuit. While that appeal was pending, this Court announced its decision in Gutknecht v. UnitedSearch
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limitation of scope, but especially for consideration . . . in the light of the intervening decision of Gutknecht v. UnitedSearch
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petition for certiorari was pending in this Court, the Court of Appeals for the Ninth Circuit decided United States v. FoxSearch
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resulting from its decision in United States v. FoxSearch
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is not consonant with this Court's holding in Sanders v. UnitedSearch
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Sanders v. UnitedSearch
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federal prisoners a remedy identical in scope to federal habeas corpus. As the Court pointed out in United States v. HaymanSearch
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rather than the Constitution. It is true, of course, that, in Sunal v. LargeSearch
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motion. In Hill v. UnitedSearch
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In this case, the petitioner's contention is that the decision in Gutknecht v. UnitedSearch
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This regulation, which was rescinded shortly after our decision in Gutknecht v. UnitedSearch
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to pursue them on appeal. 332 U. S. 174 , 332 U. S. 178 -179, 332 U. S. 182 . Cf. Kaufman v. UnitedSearch
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it. Petitioner's case turns on whether his conviction for refusing induction has been invalidated by Gutknecht v. UnitedSearch
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the date of a registrant's induction or to deprive him of procedural rights that he had not waived. See United States v. DobieSearch
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all board authority to order an evasive registrant to report for induction. Thus, in my view, United States v. FoxSearch
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may raise his claim that his induction into the Armed Forces was accelerated contrary to the principles of Gutknecht v. UnitedSearch
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Circuit, unfavorable to him at the time of his conviction and appeal, had subsequently been changed in United States v. FoxSearch
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the new law, or change in law, rule is not applied in this circuit under circumstances such as here presented. Odom v. UnitedSearch
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Certainly neither Sanders v. UnitedSearch
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States, 373 U. S. 1 (1963), nor Kaufman v. UnitedSearch
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Hill v. UnitedSearch
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citations omitted.) The only other case mentioned by the Court which might be relevant to this issue is Sunal v. LargeSearch
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this process of selection rests upon any reasoned distinctions which may be derived from either the statute or the cases. v. TheSearch
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of appeals on nonconstitutional criminal questions. For example, in January of 1974, the Court decided United States v. MazeSearch
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motion, cited its own decision in Odom v. UnitedSearch
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F.2d 159 (1972). That case involved the question of whether the petitioner was entitled to the benefit of Wade v. UnitedSearch
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which are already overburdened with cases will find that burden increased. As Mr. Justice Jackson noted in Brown v. AllenSearch
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a) (1967), which was rescinded after the Court's decision in Gutknecht v. UnitedSearch
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relief, rather than simply abandoning the statute to study its legislative history. See, e.g., United States v. SobellSearch
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the federal habeas corpus statute without the logistical problems encountered in the latter remedy. United States v. HaymanSearch
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The Court in Swift v. TysonSearch
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Sunal v. LargeSearch
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DeMarco v. WillinghamSearch
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Lothridge v. UnitedSearch
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U.S. Supreme Court Davis v. UnitedSearch
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Gutknecht v. UnitedSearch
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of Gutknecht v. UnitedSearch
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In Hill v. UnitedSearch
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Cf. Kaufman v. UnitedSearch
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See United States v. DobieSearch
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