Needelman v. United States
| Decision Date | 01 October 1959 |
| Docket Number | No. 278,278 |
| Citation | 80 S.Ct. 960,4 L.Ed.2d 980,362 U.S. 600 |
| Parties | Harry NEEDELMAN, petitioner, v. UNITED STATES of America |
| Court | U.S. Supreme Court |
See 363 U.S. 858, 80 S.Ct. 1606.
Herbert A. Warren, Jr., Miami, Fla., for petitioner.
On writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
After hearing oral argument, and further study of the record, we conclude that the record does not adequately present the questions tendered in the petition. Accordingly the writ is dismissed as improvidently granted.
Mr. Justice FRANKFURTER, whom Mr. Justice CLARK and Mr. Justice HARLAN join.
Considering the volume of cases which invoke the Court's discretionary jurisdiction—as of today 1,092 such cases have been passed on during this Term—it would be indeed surprising if in each Term there were not two or three instances of petitions which, after passing through the preliminary sifting process, did not survive the scrutiny of oral argument. See the cases collected in Rice v. Sioux City Cemetery, 349 U.S. 70, 77-78, 75 S.Ct. 614, 99 L.Ed. 897, and, more recently, Triplett v. Iowa, 357 U.S. 217, 78 S.Ct. 1358, 2 L.Ed.2d 1361; Joseph v. Indiana, 359 U.S. 117, 79 S.Ct. 720, 3 L.Ed.2d 673; and Phillips v. New York, 362 U.S. 456, 80 S.Ct. 874. But this is not one of them. The specific questions which were presented by the petition for certiorari are not now found to be frivolous nor do they raise disputed questions of fact, nor does the record otherwise appropriately preclude answers to them. In my view they call for answers against the claims of the petitioner and I would therefore affirm the judgment. In view of the disposition of the case elaboration is not called for.
To continue reading
Request your trial
-
Federal Power Commission v. Tuscarora Indian Nation Power Authority of State of New York v. Tuscarora Indian Nation
... ... The Niagara River, an international boundary stream and a navigable waterway of the United States, flows from Lake Erie to Lake Ontario, a distance of 36 miles. Its mean flow is about ... ...
-
U.S. v. Nathan
...268 F.2d 422, 424-25 (5th Cir.1959); Needelman v. United States, 261 F.2d 802, 806-07 (5th Cir.1958), cert. dismissed, 362 U.S. 600, 80 S.Ct. 960, 4 L.Ed.2d 980 (1960); Lambert v. United States, 261 F.2d 799, 802 (5th Denny's testimony regarding her interviews with Nathan did relate to the ......
-
U.S. v. Melo
...1038 citing Roemer, 703 F.2d at 807 and Needelman v. United States, 261 F.2d 802, 806 (5 Cir., 1958), cert. dismissed, 362 U.S. 600, 80 S.Ct. 960, 4 L.Ed.2d 980 (1960). To the same effect are United States v. Mora, 994 F.2d 1129, 1139 (5 Cir.), cert. denied sub. nom. Medina v. United States......
-
U.S. v. Soto
...(5th Cir.1958) (relying on Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322 (1942)), cert. dismissed, 362 U.S. 600, 80 S.Ct. 960, 4 L.Ed.2d 980 (1960); see also Lambert v. United States, 261 F.2d 799 (5th Cir.1958). Several subsequent decisions reaffirmed this ruling. See......
-
28 APPENDIX U.S.C. § 612 Writing Used to Refresh a Witness's Memory
...62 S.Ct. 993, 86 L.Ed. 1322 (1942); Needelman v. United States, 261 F.2d 802 (5th Cir. 1958), cert. dismissed 362 U.S. 600, 80 S.Ct. 960, 4 L.Ed.2d 980, rehearing denied 363 U.S. 858, 80 S.Ct. 1606, 4 L.Ed.2d 1739, Annot., 82 A.L.R.2d 473, 562 and 7 A.L.R.3d 181, 247. An increasing group of......