Kadans v. Collins In re Case). Supreme Court of the United States

• Decision Date: 31 January 1972
• Docket Number: No. 71-463,No. A-784,A-784,71-463
• Citation: 30 L.Ed.2d 767,92 S.Ct. 751,404 U.S. 1244
• Parties: Joseph M. KADANS, appellant, v. Jon R. COLLINS et al. Application(In re Case). Supreme Court of the United States
• Court: U.S. Supreme Court

404 U.S. 1244 92 S.Ct. 751 30 L.Ed.2d 767 Joseph M. KADANS, appellant,

v.

Jon R. COLLINS et al. Application No. A-784 (In re Case No. 71-463). Supreme Court of the United States January 31, 1972 Rehearing Denied Feb. 22, 1972. See 405 U.S. 948, 92 S.Ct. 933. On application for temporary relief. Mr. Justice DOUGLAS. The petition for certiorari in this case was denied by the Court on January 10, 1972, Mr. Justice BRENNAN and I noting that we voted to grant. 404 U.S. 1007, 92 S.Ct. 672, 30 L.Ed.2d 656. Petitioner now asks me for temporary relief allowing him to practice law pendint consideration by the Court on a petition for rehearing. The difficulty is that the grant of that relief would in effect be a partial grant of relief sought in the petition for certiorari. I, one of the dissenting Justices, am barred by our Rule 58(1) from voting on a petition for rehearing, those petitions being considered only by those 'who concurred in the judgment or decision.' Unless one of the majority who voted to deny, votes to reopen the case, the dissenters take no part. If one who voted to deny changes his mind and votes to grant the petition, then of course the entire Court participates. But in light of this rule and in light of our practice and in consideration of the nature of the relief that is being asked of me, I herewith deny the application. Inmates of Attica Correctional Facility v. Rockefeller [92SCt35,404US809,30LEd2d40] 92 S.Ct. 35 404 U.S. 809 30 L.Ed.2d 40 INMATES OF ATTICA CORRECTIONAL FACILITY v. Nelson ROCKEFELLER, Governor, et al. Application No. A-385. Supreme Court of the United States October 12, 1971 The application for a temporary restraining order or injunction presented to Mr. Justice MARSHALL and by him referred to the Court is denied. djQ Mr. Justice DOUGLAS, dissenting. Applicants, state prisoners currently incarcerated at Attica State Prison,¹ brought a class action in the District Court, under 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3), alleging systematic violations of their constitutional rights by prison officials and state authorities in the aftermath of the Attica uprising of September 9-13, 1971. They requested, inter alia, that state officials be enjoined from questioning any prisoners concerning the uprising unless Miranda warnings² were given and counsel present. The District Court denied this request, while reserving rulings on other requested relief arising from ---------- ^1. Subsequent to the retaking of the prison on Sept. 13th...