Tillman v. United States, No. 1879

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation395 U.S. 830,89 S.Ct. 2143,23 L.Ed.2d 742
PartiesJohn P. TILLMAN et al. v. UNITED STATES. isc
Docket NumberNo. 1879,M
Decision Date23 June 1969

395 U.S. 830
89 S.Ct. 2143
23 L.Ed.2d 742
John P. TILLMAN et al.

v.

UNITED STATES.

No. 1879, Misc.

Supreme Court of the United States

June 23, 1969

Howard Moore, Jr., for petitioners.

Solicitor General Griswold, Assistant Attorney General Wilson and Beatrice Rosenberg, for the United States.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to petitioner Fox are granted. The judgment is vacated in part and the case is remanded to the United States District Court for the Northern District of Georga for further consideration in light of Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176. Mr. Justice BLACK dissents. As to all other petitioners the petition for a writ of certiorari is denied.

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154 practice notes
  • U.S. v. Cole, No. 82-5455
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 19, 1985
    ...though the task be difficult, severance should not be granted. Tillman v. United States, 406 F.2d 930, 935 (5th Cir.), vacated in part, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969), quoted in United States v. McLaurin, 557 F.2d 1064, 1075 (5th Based on this general test, we find no ab......
  • U.S. v. Kopituk, No. 80-5025
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 4, 1982
    ...States v. Marionneaux, supra, 514 F.2d at 1248; Tillman v. United States, 406 F.2d 930, 933 n.5 (5th Cir.), vacated on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 Having determined that joinder in this case was proper under Rule 8, it becomes necessary to consider appellants'......
  • U.S. v. Morrow, No. 74-2674
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1976
    ...664 (1974); Tillman v. United States, 406 F.2d 930, 936 (5 Cir.), cert. denied in part, vacated and remanded in part on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969); Garnett v. United States, 404 F.2d 26, 27 (5 Cir. 1968); Smith v. United States, 385 F.2d 34, 38 (5 Cir.......
  • U.S. v. Liddy, No. 73--1565
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 8, 1974
    ...405 U.S. 929, 92 S.Ct. 981, 30 L.Ed.2d 803 (1972); Tillman v. United States, 406 F.2d 930, 940 (5th Cir.), vacated on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969). 7 See Robinson and Bryant decisions, supra note 6; Silverthorne v. United States, 400 F.2d 627, 639--640 (......
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154 cases
  • U.S. v. Cole, No. 82-5455
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • March 19, 1985
    ...though the task be difficult, severance should not be granted. Tillman v. United States, 406 F.2d 930, 935 (5th Cir.), vacated in part, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969), quoted in United States v. McLaurin, 557 F.2d 1064, 1075 (5th Based on this general test, we find no ab......
  • U.S. v. Kopituk, No. 80-5025
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 4, 1982
    ...States v. Marionneaux, supra, 514 F.2d at 1248; Tillman v. United States, 406 F.2d 930, 933 n.5 (5th Cir.), vacated on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 Having determined that joinder in this case was proper under Rule 8, it becomes necessary to consider appellants'......
  • Case v. Morrisette, No. 22810.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • February 27, 1973
    ...Inc., 391 F.2d 130, 132-133 (4th Cir. 1968); Neal v. Saga Shipping Co., 407 F.2d 481, 487-488 (5th Cir.), cert. denied, 395 U.S. 986, 89 S.Ct. 2143, 23 L.Ed.2d 775 33 Fed.R.Civ.P. 52(a); Graver Tank & Mfg. Co. v. Linde Air Prods. Co., 336 U.S. 271, 274-275, 69 S.Ct. 535, 93 L.Ed. 672 (1949)......
  • U.S. v. Morrow, No. 74-2674
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 16, 1976
    ...664 (1974); Tillman v. United States, 406 F.2d 930, 936 (5 Cir.), cert. denied in part, vacated and remanded in part on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969); Garnett v. United States, 404 F.2d 26, 27 (5 Cir. 1968); Smith v. United States, 385 F.2d 34, 38 (5 Cir.......
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