Forgett v. United States

Decision Date01 October 1965
Docket NumberNo. 861,861
PartiesValmore J. FORGETT, Jr. v. UNITED STATES
CourtU.S. Supreme Court

Charles J. Irwin, Eugene Gressman and Arthur L. Abrams, for petitioner.

On Petition for Rehearing.

PER CURIAM.

The petition for rehearing is granted, the order of February 28, 1966, 383 U.S. 926, 86 S.Ct. 929, 15 L.Ed.2d 845, denying certiorari is vacated, the petition for a writ of certiorari to the United States Court of Appeals for the Sixth Circuit is granted, the judgment of that court is vacated, and the case remanded for further consideration in the light of Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923.

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

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5 cases
  • United States v. Liguori
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 17, 1970
    ...affirmed on other grounds, 423 F.2d 576 (2d Cir. 1970), all holding that Haynes is not retroactive. Cf. Forgett v. United States, 390 U.S. 203, 88 S.Ct. 898, 19 L.Ed.2d 1033 (1968); Deckard v. United States, 381 F.2d 77 (8 Cir. 1967) (Blackmun, C.J.). The Supreme Court has established three......
  • Johnson, In re
    • United States
    • California Supreme Court
    • October 29, 1970
    ...has granted certiorari, vacated, and remanded a final conviction for reconsideration in light of Haynes. (Forgett v. United States (1968) 390 U.S. 203, 88 S.Ct. 898, 19 L.Ed.2d 1033.) Miller has been followed in regard to the retroactivity of Leary by Santos v. United States (7th Cir.1969) ......
  • United States v. Miller
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • February 14, 1969
    ...it is noteworthy that on March 4, 1968, the Court, on a petition for rehearing, granted certiorari in Forgett v. United States, 390 U.S. 203, 88 S.Ct. 898, 19 L.Ed.2d 1033 (1968), vacated the judgment, and remanded the case for "further consideration in the light of Haynes v. United States.......
  • Isaac v. United States
    • United States
    • U.S. District Court — District of South Carolina
    • July 30, 1968
    ...Della Rocca v. United States, 390 U.S. 745, 88 S.Ct. 1443, 20 L.Ed.2d 274 (April 29, 1968). See also Forgett v. United States, 390 U.S. 203, 88 S.Ct. 898, 19 L.Ed.2d 1033 (March 4, 1968), in which on petition for rehearing the order of February 28, 1966, denying certiorari was vacated, peti......
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1 books & journal articles
  • When is finality ... final? Rehearing and resurrection in the Supreme Court.
    • United States
    • Journal of Appellate Practice and Process Vol. 12 No. 1, March 2011
    • March 22, 2011
    ...6/10/1968 10/9/1967 392 U.S. 299 Resurr. McBride v. 3/18/1968 3/29/1967 Smith, 390 U.S. 411 Resurr. Forgett v. U.S., 3/4/1968 2/28/1966 390 U.S. 203 MGVR O'Connor v. 12/13/1965 10/11/1965 Ohio, 382 U.S. 286 Case Trigger Case Trigger Trigger Type and Cert. Date Case Case Argued Decided Resur......

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