ELCHUK
v.
UNITED STATES

U.S. | 1962-06-25
No. 965
Mr. Justice Frankfurter took no part in the consideration or decision of this case.
370 U.S. 722 Supreme Court of the United States (1962) Caution
Cited by 30 cases

Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon the suggestion of the Solicitor General and an examination of the entire record, the judgment of the United States Court of Appeals for the Fifth Circuit is vacated and the case is remanded to that court for further proceedings in which the petitioner is to be accorded the opportunity to present oral argument on the merits of his appeal, either personally or through counsel, to the same extent as such opportunity is accorded to the United States Attorney.

Mr. Justice Frankfurter took no part in the consideration or decision of this case.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (15 total)

  • Schiers v. The People OF the State OF Cal., 333 F.2d 173 (9th Cir. 1964)
    …r presented contentions to the state courts also in a motion to the court of appeal to recall his remittitur. However, we do not have in the record on this petition any showing as to what these contentions were. . See Elchuk v. United States (1962) 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, where on the suggestion of the Solicitor General, the matter was remanded “for further proceedings in which the petitioner is to be accorded the opportunity to present oral argument on the merits of his appeal, either…
  • Wheeler v. Beto, 407 F.2d 816 (5th Cir. 1969)
    …PER CURIAM: Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and, accordingly, the case is properly placed on the summary calendar under Fifth Circuit Rule 18. This appeal is from the denial of a petition for a writ of habeas corpus filed by a Texas prisoner convicted of posse…
  • Ghazi Abraham v. Louie L. Wainwright, 407 F.2d 826 (5th Cir. 1969)
    …AINSWORTH, Circuit Judge: Appellant is without counsel, and none having been appointed, the case cannot be orally heard. See Elchuk v. United States, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802 (1962). Accordingly, the case is properly placed on the summary calendar under Fifth Circuit Rule 18. The appellant is a Florida state prisoner serving a sentence for murder in the second degree. The conviction was aff…

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