Rundle v. Johnson
| Decision Date | 13 February 1967 |
| Docket Number | No. 14,14 |
| Citation | 17 L.Ed.2d 695,386 U.S. 14,87 S.Ct. 847 |
| Parties | Alfred T. RUNDLE, Correctional Superintendent v. James Morris JOHNSON |
| Court | U.S. Supreme Court |
Frank P. Lawley, Jr., for petitioner.
Leonard J. D. Myers, for respondent.
On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit.
The motion of respondent for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Third Circuit is reversed, Spencer v. State of Texas, 385 U.S. 554, 87 S.Ct. 648, and the case is remanded to that court for consideration of the unresolved issues.
Mr. Justice DOUGLAS dissents from the reversal of the Court of Appeals in United States v. Rundle, 3 Cir., 349 F.2d 416, which affirmed United States v. Rundle, D.C., 243 F.Supp. 695, 700, where the District Court granted the petition for habeas corpus since the introduction of the accused's 'prior criminal record for obstructing a railroad was so fundamentally unfair as to deny him due process of law.'
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UNITED STATES EX REL. RICHARDSON v. Rundle
...approved the constitutionality of the Pennsylvania practice here in issue in a per curiam reversal. See Rundle v. Johnson, 386 U.S. 14, 87 S.Ct. 847, 17 L.Ed.2d 695 (1967). The Spencer and Johnson decisions make it clear that no matter how many prior convictions are involved, their recitati......
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...the dissenting opinion of Mr. Justice Brennan, joined in by Mr. Justice Douglas (p. 587, 87 S.Ct. 648). 8 See Rundle v. Johnson, 386 U.S. 14, 87 S.Ct. 847, 17 L.Ed.2d 695 (1967); United States ex rel. Bolish v. Maroney, 409 F.2d 1404 (3 Cir.), cert. denied 396 U.S. 893, 90 S.Ct. 187, 24 L.E......
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Commonwealth v. Chapasco
...386 U.S. 14, 87 S.Ct. 847, 17 L.Ed.2d 695 (1967), a Per curiam decision of the Court handed down only a month after Spencer was decided. The Johnson case and remanded to the Court of Appeals 'for consideration of the unresolved issues' a judgment of that Court which affirmed per curiam the ......