Dove v. United States
| Decision Date | 19 January 1976 |
| Docket Number | No. 75-543,75-543 |
| Citation | 46 L.Ed.2d 531,423 U.S. 325,96 S.Ct. 579 |
| Parties | Oscar Roosevelt DOVE v. UNITED STATES |
| Court | U.S. Supreme Court |
The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971), may be inconsistent with this ruling, Durham is overruled.
It is so ordered.
Petition dismissed.
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104 cases
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1997 -NMSC- 44, State v. Salazar
...such discretionary actions, the petition will be dismissed as moot, and the verdict will stand. See, e.g., Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976). ¶31 As noted earlier, the New Mexico Court of Appeals in Doak, 89 N.M. at 533, 554 P.2d at 994, adopted a stri......
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State v. Hoxsie
...The Court noted the unanimity of opinion of the lower federal courts in this regard. 2 Five years later, in Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976), the United States Supreme Court dismissed a petition for writ of certiorari upon notice that the petitioner h......
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Cherry v. State, CR-02-0374.
...of death. Id. at 1373. "In reaching our decision in Howell, we relied on the Supreme Court's decision in Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976), a case in which the Court dismissed a petition for certiorari that was pending at the time the petitioner died. ......
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U.S. v. Estate of Parsons
...v. United States, 401 U.S. 481, 483, 91 S.Ct. 858, 860, 28 L. Ed.2d 200, 203 (1971), overruled in part by Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976); United States v. Wright, 160 F.3d 905, 908 (2d Cir.1998); United States v. Logal, 106 F.3d 1547, 1551 (11th Cir......
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3 books & journal articles
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VACATUR PENDING EN BANC REVIEW.
...United States v. Alaska S.S. Co., 253 U.S. 113,115-16 (1920). (41.) E.g., Rhodes v. Stewart, 488 U.S. 1,4 (1988); Dove v. United States, 423 U.S. 325 (42.) Lewis, supra note 38, at 889-90. (43.) Munsingwear, 340 U.S. at 41. (44.) Id. at 40. (45.) See id. (46.) See id. at 40-41. (47.) Karche......
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Innocence after death.
...to which he was entitled of right." United States v. Moehlenkamp, 557 F.2d 126, 128 (7th Cir. 1977); see also Dove v. United States, 423 U.S. 325, 325 (1976) (per curiam), (refusing to apply the abatement doctrine and thus refusing to vacate the conviction of a defendant who died pending re......
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MANUFACTURING SOVEREIGN STATE MOOTNESS.
...FEDERAL JURISDICTION, [section] 2.5.3 (Wolters Kluwer, 7th ed. 2016). (16.) Id. [section]2.5.1. (17.) See Dove v. United States, 423 U.S. 325 (1976) (per (18.) See DeFunis v. Odegaard, 416 U.S. 312, 318 (1974) (per curiam). (19.) U.S. CONST, art. III, [section] 2; see Hall v. Beals, 396 U.S......