UNITED STATES

v.

FRIED ET AL.

Citator

Cited By

• Patton v. Mississippi, 332 U.S. 463 (U.S. 1947)
  …e had been denied the equal protection of the laws by the deliberate exclusion of Negroes from the grand jury that indicted and the petit jury that convicted him. 201 Miss. 410, 29 So. 2d 96. We granted certiorari to review this serious contention.1 331 U. S. 804. Sixty-seven years ago this Court held that state exclusion of Negroes from grand and petit juries solely because of their race denied Negro defendants in criminal cases the equal protection of the laws required by the Fourteenth Amendment. Straude…
• Ekberg v. United States, 167 F.2d 380 (1st Cir. 1948)
  …S. 224, 230, 231, 44 S.Ct. 519, 68 L.Ed. 989; Johnston v. Wright, 9 Cir., 1943, 137 F. 2d 914; United States ex rel. Gregoire v. Watkins, 2 Cir., 1947, 164 F. 2d 137, 138. See Price v. Johnston, 9 Cir., 1947, 161 F. 2d 705, certiorari granted, 1947, 331 U.S. 804, 67 S.Ct. 1757. A fortiori a ruling by the trial judge, at an earlier stage of the same criminal proceeding, on a motion to correct sentence, does not operate as res judicata.4 Ekberg’s second motion to correct sentence was therefore in order; and…
• Hunsucker v. Phinney, 497 F.2d 29 (5th Cir. 1974)
  …n v. Lane, 48 F. 2d 32 (CA8, 1931); United States v. Bell, 120 F.Supp. 670 (D.C.D.C.1954); Friedman v. Yellowley, 290 F. 248 (E.D.N.Y.1923); United States v. Hee, 219 F. 1019 (D.N.J.1915). Cf. In re Fried, 161 F. 2d 453 (CA2, 1947), cert. granted, 331 U.S. 804, 67 S.Ct. 1755, 91 L.Ed. 1826, cert. dismissed, 332 U.S. 807, 68 S.Ct. 105, 92 L.Ed. 384 (pre-indictment suppression of confession on fifth amendment grounds). . The classic statement of the theory is that contained in Judge Hough’s opinion in Unit…