EUZIERE
v.
UNITED STATES
EUZIERE
UNITED STATES
364 U.S. 282
Supreme Court of the United States (1960)
Caution
Also reported at: 4 L. Ed. 2d 1720 · 80 S. Ct. 1615 · 1960 U.S. LEXIS 772 · SCDB 1959-137
Cited by 71 cases
Per_curiam
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for consideration in light of Elkins v. United States, ante, p. 206, decided this day.
Mr. Justice Frankfurter dissents on the basis of his dissenting opinion in Rios v. United States, ante, p. 233, and Elkins v. United States, ante, p. 233, decided this day.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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Leonhard v. The United States, 633 F.2d 599 (2d Cir. 1980)…; Ruby v. Secretary of the United States Navy, 365 F. 2d 385, 388-89 (9th Cir. 1966) (en banc), cert. denied, 386 U.S. 1011, 87 S.Ct. 1358, 18 L.Ed.2d 442 (1967); Euziere v. United States, 266 F. 2d 88, 91 (10th Cir. 1959), vacated on other grounds, 364 U.S. 282, 80 S.Ct. 1615, 4 L.Ed.2d 1720 (1960), holding that the district courts retained jurisdiction, with Williams v. Bernhardt Bros. Tugboat Serv., Inc., 357 F. 2d 883 (7th Cir. 1966); District 65, Distributive, Processing & Office Workers Union v. McKag…
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United States v. Dunbar, 611 F.2d 985 (5th Cir. 1980)…Hudgins, 58 F. 490 (8th Cir. 1893); Ruby v. Secretary of U. S. Navy, 365 F. 2d 385 (9th Cir. 1966), cert. denied, 386 U.S. 1011, 87 S.Ct. 1358, 18 L.Ed.2d 442 (1967); Euziere v. United States, 266 F. 2d 88 (10th Cir. 1959), vacated on other grounds, 364 U.S. 282, 80 S.Ct. 1615, 4 L.Ed.2d 1720 (1960). The case presently before us is significantly more difficult than Hitchmon. The order here was clearly appealable on the rationale that the defendant should not have to undergo a second trial if in fact it pla…
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United States v. Hitchmon, 602 F.2d 689 (5th Cir. 1979)…e order does not divest the district court of jurisdiction were led by the Tenth Circuit’s decision in one of the few criminal cases that dealt with the point. In Euziere v. United States, 266 F. 2d 88, 91 (10th Cir. 1959), vacated on other grounds, 364 U.S. 282, 80 S.Ct. 1615, 4 L.Ed.2d 1720 (1960), the court reasoned that: [a]ll of the cases hold that an appeal divests the trial court of jurisdiction over the ease, but that presupposes that there is a valid appeal from an appealable order. The appeal in…
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