MARAKAR
v.
UNITED STATES
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Per Curiam.
The motions for leave to proceed in forma pauperis are granted. On motion of the Solicitor General and upon an examination of the entire record, the petitions for writs of certiorari are granted, the judgments are vacated, and the causes are remanded to the United States District Court for the District of New Jersey with directions to dismiss the indictments.
Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join the Court’s disposition because they believe that the Double Jeopardy Clause of the Fifth Amendment was an insurmountable barrier to the prosecution of these petitioners under the separate indictments returned on April 26,1961, charging each petitioner with a substantive offense of illegally bringing opium into this country. See Abbate v. United States, 359 U. S. 187, 196 (separate opinion); cf. Petite v. United States, 361 U. S. 529, 533 (dissenting opinion).
Mr. Justice Frankfurter took no part in the consideration or decision of these cases.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
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Rinaldi v. United States, 434 U.S. 22 (U.S. 1977)…everal occasions. See Watts v. United States, 422 U. S. 1032 (1975); Ackerson v. United States, 419 U. S. 1099 (1975); Hayles v. United States, 419 U. S. 892 (1974); Cf. Redmond v. United [*26] States, 384 U. S. 264 (1966); Marakar v. United States, 370 U. S. 723 (1962); Petite v. United States, 361 U. S. 529 (1960). The majority described the Government’s bad faith in the following terms: “In this case, an unidentified, but responsible, official within the Department authorized a federal prosecution with…
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Whitus v. Balkcom, 333 F.2d 496 (5th Cir. 1964)…t a state remedy through habeas corpus was still available. We affirmed. Whitus v. Balkcom, 5 Cir. 1962, 299 F. 2d 844. The Supreme Court, per curiam, vacated the judgment and remanded the case. Whitus v. Balkcom, 1962, 370 U.S. 728, 82 S.Ct. 1575, 8 L.Ed.2d 803. Again the district court dismissed the petition.10 The petitioners are before us on their appeal from that order of dismissal. The factual question of the existence of the custom of systematic exclusion of Negroes from the Mitchell County juries i…
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Pena-Cabanillas v. United States, 394 F.2d 785 (9th Cir. 1968)…the judgment determined. The doctrine involved is one of collateral estoppel. The doctrine of collateral estoppel is an aspect of the broader principle of res judicata, United States v. Marakar, 300 F. 2d 513 (3 Cir. 1962), vacated on other grounds 370 U.S. 723, 82 S.Ct. 1573, 8 L.Ed.2d 803 (1962), and a common statement of the doctrine is that where a question of fact essential to the judgment is actually litigated and determined by a valid and final judgment, the determination is conclusive between the p…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abbate v. United States, 359 U.S. 187 (U.S. 1959)
- Petite v. United States, 361 U.S. 529 (U.S. 1960)