PACCIONE
v.
HERITAGE, WARDEN
PACCIONE
HERITAGE, WARDEN
371 U.S. 17
Supreme Court of the United States (1962)
Caution
Cited by 2 cases
Per_curiam
Per Curiam.
The motion for leave to proceed in forma pauperis and the petition for 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 Goldberg took no part in the consideration or decision of this case.
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Citator
Cited By
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McDOWELL v. United States, 336 F.2d 435 (6th Cir. 1964)…r, in his brief, brought this fact to the attention of the Court but argued that this did not call for a remand. The Solicitor General distinguished Elchuk v. United States, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802 (1962) and Paccione v. Hertiage, 371 U.S. 17, 83 S.Ct. 61, 9 L.Ed.2d 50 (1962) on the ground that in both of these cases the petitioners had requested the Court of Appeals that they be granted oral argument or alternatively that their cases be submitted without argument. No such request had be…