Schipani v. United States

Decision Date12 December 1966
Docket NumberNo. 504,504
Citation87 S.Ct. 533,17 L.Ed.2d 428,385 U.S. 372
PartiesJoseph F. SCHIPANI v. UNITED STATES
CourtU.S. Supreme Court

Jacob P. Lefkowitz, for petitioner.

Solicitor General Marshall, for the United States.

On Petition for Rehearing.

PER CURIAM.

Upon the suggestion of the Solicitor General and upon an independent examination of the case, the petition for a rehearing is granted, the order of this Court denying certiorari, 385 U.S. 965, 87 S.Ct. 501, is vacated, certiorari is granted, the judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded to the United States District Court for the Eastern District of New York for a new trial should the Government seek to prosecute petitioner anew.

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24 cases
  • United States v. Schipani
    • United States
    • U.S. District Court — Eastern District of New York
    • July 26, 1968
  • Berger v. State of New York
    • United States
    • U.S. Supreme Court
    • June 12, 1967
    ...abandoned the use of electronic eavesdropping for "prosecutorial purposes." See Supplemental Memorandum, Schipani v. United States, No. 504, October Term, 1966, 385 U.S. 372, 87 S.Ct. 533, 17 L.Ed.2d 428. See also Black v. United States, 385 U.S. 26, 87 S.Ct. 190, 17 L.Ed.2d 26 (1966); O'Br......
  • Hoffa v. United States
    • United States
    • U.S. Supreme Court
    • December 12, 1966
    ... ... Cf. Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734 (1961); Black v. United States, 385 U.S. 26, 87 S.Ct. 190, 17 L.Ed.2d 26 (1966); United States v. Schipani, 362 F.2d 825, cert. denied 385 U.S. 934, 87 S.Ct. 293, 17 L.Ed.2d 217, rehearing granted, judgment vacated, and case remanded on suggestion of Solicitor General, 385 U.S. 372, 87 S.Ct. 533, 17 L.Ed.2d 428 ...           But I consider both Lewis and Osborn to be materially, even ... ...
  • United States v. Mitchell
    • United States
    • U.S. District Court — Southern District of New York
    • August 29, 1973
    ...States v. Marth, 42 F.R.D. 432 (S.D.N. Y.1967). In compliance with the defendants' motion pursuant to Schipani v. United States, 385 U.S. 372, 87 S.Ct. 533, 17 L.Ed.2d 428 (1968) and United States v. Schipani, 414 F.2d 1262 (2d Cir. 1969), cert. denied, 397 U.S. 922, 90 S.Ct. 902, 25 L.Ed.2......
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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
    ...General apparently first disclosed some potentially relevant fact in responding to a petition for rehearing. E.g. Schipani v. U.S., 385 U.S. 372 (1966) (resulting in the decision reported as U.S. v. Schipani, 289 F. Supp. 43 (E.D.N.Y. 1968), which notes that "[t]he Supreme Court, upon being......

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