Scales v. United States

Decision Date14 October 1957
Docket NumberNo. 3,3
Citation2 L.Ed.2d 19,355 U.S. 1,78 S.Ct. 9
PartiesJunius Irving SCALES, petitioner, v. UNITED STATES of America
CourtU.S. Supreme Court

Mr. Telford Taylor, for petitioner.

Solicitor General Rankin (Assistant Attorney General Tompkins, Messrs. Harold D. Koffsky, Kevin T. Maroney, William F. O'Donnell and Philip T. White, on the brief) for the United States.

Mr. Barent Ten Eyck, for American Civil Liberties Union, as amicus curiae.

On writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

PER CURIAM.

Upon consideration of the entire record and the confession of error by the Solicitor General, and judgment of the United States Court of Appeals for the Fourth Circuit is reversed. Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103.

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11 cases
  • Scales v. United States
    • United States
    • U.S. Supreme Court
    • June 5, 1961
  • Scales v. United States
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • October 6, 1958
    ...later decision in Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103, the judgment was reversed, Scales v. U. S., 355 U.S. 1, 78 S.Ct. 9, 2 L.Ed.2d 19. At the new trial in February 1958, the jury returned a verdict of guilty and the defendant was sentenced a second time to......
  • State v. Hirsch
    • United States
    • Nebraska Supreme Court
    • January 28, 1994
    ... ...         Falter v. United States, 23 F.2d 420, 426 (2d Cir.1928), cert. denied 277 U.S. 590, 48 S.Ct. 528, 72 L.Ed. 1003 ... ...
  • United States v. Clancy
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • April 14, 1960
    ... ... That statute was discussed in Wright v. United States, 8 Cir., 1948, 165 F.2d 405, 407. The court held that the right to challenge the grand jury panel was waived as the challenge was not seasonably presented in accordance with the ten-day limitation. In the recent case of Scales v. United States, 4 Cir., 1958, 260 F.2d 21, reversed on other grounds, 355 U.S. 1, 78 S.Ct. 9, 2 L.Ed.2d 19, the court of appeals affirmed the district court's decision in refusing to entertain a motion challenging the grand jury. The decision was based upon Rule 12 of the Federal Rules of ... ...
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