Elchuk v. United States, 965

Decision Date25 June 1962
Docket NumberM,No. 965,965
Citation8 L.Ed.2d 802,82 S.Ct. 1574,370 U.S. 722
PartiesDaniel ELCHUK v. UNITED STATES. isc
CourtU.S. Supreme Court

Daniel Elchuk, pro se.

Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg, for the United States.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon the suggestion of the Solicitor General and an examination of the entire record, the judgment of the United States Court of Appeals for the Fifth Circuit is vacated and the case is remanded to that court for further proceedings in which the petitioner is to be accorded the opportunity to present oral argument on the merits of his appeal, either personally or through counsel, to the same extent as such opportunity is accorded to the United States Attorney.

Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

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18 cases
  • Jones v. United States
    • United States
    • D.C. Court of Appeals
    • April 27, 1978
    ...pro se, presented no oral argument. As to his case, the government necessarily submitted on the briefs. See Elchuk v. United States, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802 (1962). 1. All but Bryant and Jones pleaded guilty at various stages of the proceedings. 2. We have recognized in t......
  • Heath v. Wainwright
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 28, 1969
    ...Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and accordingly the case is properly placed on the summary calendar under Fifth Circuit Rule 18.1 We affirm the The......
  • Abraham v. Wainwright
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • February 24, 1969
    ...Judge: Appellant is without counsel, and none having been appointed, the case cannot be orally heard. See Elchuk v. United States, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802 (1962). Accordingly, the case is properly placed on the summary calendar under Fifth Circuit Rule The appellant is a ......
  • Schiers v. People of State of California
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 4, 1964
    ...However, we do not have in the record on this petition any showing as to what these contentions were. 2 See Elchuk v. United States (1962) 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, where on the suggestion of the Solicitor General, the matter was remanded "for further proceedings in which ......
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