Colombo v. New York, No. 175

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; BLACK
Citation91 S.Ct. 99,400 U.S. 16
PartiesJoseph COLOMBO v. NEW YORK
Docket NumberNo. 175
Decision Date19 October 1970

400 U.S. 16
91 S.Ct. 99
Joseph COLOMBO

v.

NEW YORK.

No. 175.

Supreme Court of the United States

October 19, 1970

On Petition for Writ of Certiorari to the Court of Appeals of New York.

PER CURIAM.

The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the Court of Appeals of New York for further consideration in light of Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435.

Mr. Justice BLACK is of the opinion that certiorari should be granted and the judgment reversed on the ground that the state prosecution is barred by the Double Jeopardy Clause of the Fifth Amendment of the Constitution.

To continue reading

Request your trial
31 practice notes
  • Shanghai Inv. Co., Inc. v. Alteka Co., Ltd., No. 20709.
    • United States
    • Supreme Court of Hawai'i
    • January 21, 2000
    ...file a supersedeas bond in order to stay its enforcement"), rehearing denied, 51 Haw. 479, 463 P.2d 525 (1969), cert denied, 400 U.S. 868, 91 S.Ct. 99, 27 L.Ed.2d 108 (1970). This court has also noted [t]he necessary implication is that without giving a supersedeas bond or unless otherwise ......
  • TSA Intern. Ltd. v. Shimizu Corp., No. 21431
    • United States
    • Supreme Court of Hawai'i
    • November 8, 1999
    ...of appeal is filed. MDG Supply v. Diversified Investments, Inc., 51 Haw. 375, 381, 463 P.2d 525, 529 (1969), cert. denied, 400 U.S. 868, 91 S.Ct. 99, 27 L.Ed.2d 108 (1970). The principle governing the transfer of jurisdiction from the trial court to the appellate court is designed to avoid ......
  • People v. Dercole
    • United States
    • New York Supreme Court Appellate Division
    • February 4, 1980
    ...intent (People v. Colombo, 32 A.D.2d 812, 302 N.Y.S.2d 488, affd. 25 N.Y.2d 641, 306 N.Y.S.2d 258, 254 N.E.2d 340, vac. on other grounds 400 U.S. 16, 91 S.Ct. 99, 27 L.Ed.2d 16; People v. Einhorn, supra ). Nevertheless, the trial court concluded that because of the "poisoned" legal advice d......
  • United States v. Criminal Ct. of City of NY, 584
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 26, 1972
    ...same constitutional issues which are now presented to the Federal District Court. (See Radich v. New York, 39 U.S.L.W. 3161 400 U.S. 864, 91 S.Ct. 99, 27 L.Ed.2d 102). On February 22, 1971 the issues were argued before the Supreme Court and on March 24, 1971 the United States Supreme Court ......
  • Request a trial to view additional results
31 cases
  • Shanghai Inv. Co., Inc. v. Alteka Co., Ltd., No. 20709.
    • United States
    • Supreme Court of Hawai'i
    • January 21, 2000
    ...file a supersedeas bond in order to stay its enforcement"), rehearing denied, 51 Haw. 479, 463 P.2d 525 (1969), cert denied, 400 U.S. 868, 91 S.Ct. 99, 27 L.Ed.2d 108 (1970). This court has also noted [t]he necessary implication is that without giving a supersedeas bond or unless otherwise ......
  • TSA Intern. Ltd. v. Shimizu Corp., No. 21431
    • United States
    • Supreme Court of Hawai'i
    • November 8, 1999
    ...of appeal is filed. MDG Supply v. Diversified Investments, Inc., 51 Haw. 375, 381, 463 P.2d 525, 529 (1969), cert. denied, 400 U.S. 868, 91 S.Ct. 99, 27 L.Ed.2d 108 (1970). The principle governing the transfer of jurisdiction from the trial court to the appellate court is designed to avoid ......
  • People v. Dercole
    • United States
    • New York Supreme Court Appellate Division
    • February 4, 1980
    ...intent (People v. Colombo, 32 A.D.2d 812, 302 N.Y.S.2d 488, affd. 25 N.Y.2d 641, 306 N.Y.S.2d 258, 254 N.E.2d 340, vac. on other grounds 400 U.S. 16, 91 S.Ct. 99, 27 L.Ed.2d 16; People v. Einhorn, supra ). Nevertheless, the trial court concluded that because of the "poisoned" legal advice d......
  • United States v. Criminal Ct. of City of NY, 584
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • April 26, 1972
    ...same constitutional issues which are now presented to the Federal District Court. (See Radich v. New York, 39 U.S.L.W. 3161 400 U.S. 864, 91 S.Ct. 99, 27 L.Ed.2d 102). On February 22, 1971 the issues were argued before the Supreme Court and on March 24, 1971 the United States Supreme Court ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT