UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JOSEPH P. LUCIA, DEFENDANT-APPELLANT (2 CASES)
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court en banc unanimously holds that Marchetti and Grosso should be applied retroactively, affirming the panel's decision. A majority concludes waiver is not an issue due to this retroactivity.
This case involves the retroactive application of Supreme Court decisions Marchetti and Grosso. The panel had previously decided these cases should be…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Retroactivity Of Supreme Court Decisions cases and more on FLexlaw
PER CURIAM:
I.
The Court en banc is unanimously of the opinion that the panel, 416 F. 2d 920, correctly decided that Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 should be applied retroactively. See Meadows v. United States, 9 Cir. 1969, 420 F. 2d 795 (citing Lucia with approval); United States v. Miller, 4 Cir. 1969, 406 F. 2d 1100. The Court therefore affirms the judgment of the panel.
The Court also finds that there is no necessary conflict between Lucia and United States v. Scardino, 5 Cir. 1969, 414 F. 2d 925.
II.
A majority of the Court concludes that because of the holding on the retroactive effect of Marehetti and Grosso there is no need to discuss waiver. Section I of the panel’s decision is therefore withdrawn.
Judge Wisdom takes the position that the Court must dispose of the question of waiver before reaching the question of the retroactivity of Marehetti and Grosso. He adheres to the view the panel expressed: Ordinarily a plea of guilty waives defenses and privileges; there was no waiver in this case, for Lucia could not understandingly waive his privilege against self-incrimination in a prosecution for violation of the federal laws taxing illegal wagers, since at the time he pleaded guilty the Supreme Court had not decided Marehetti and Grosso.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
-
State v. Chapman, 240 So. 2d 491 (Fla. 3d DCA 1970)
-
Harrington v. United States, 444 F.2d 1190 (5th Cir. 1971)
-
Gaines Ted Huson v. Chevron OIL Co., 430 F.2d 27 (5th Cir. 1970)
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Marchetti v. United States, 390 U.S. 39 (U.S. 1968)
- Grosso v. United States, 390 U.S. 62 (U.S. 1968)
- United States v. Lucia, 416 F.2d 920 (5th Cir. 1969)
- Meadows v. United States, 420 F.2d 795 (9th Cir. 1969)
- Nat'l Labor Relations Bd. v. Triangle Plastics, Inc., 406 F.2d 1100 (6th Cir. 1969)
- United States v. Scardino, 414 F.2d 925 (5th Cir. 1969)