LUCKMAN
v.
DUNBAR, CORRECTIONS DIRECTOR, ET AL.

U.S. | 1963-04-15
No. 63
Mr. Justice Clark and Mr. Justice Harlan dissent for the reasons stated in their opinions in Douglas v. California, 372 U. S., at 358, 360.
372 U.S. 708 Supreme Court of the United States (1963) Positive Treatment
Also reported at: 10 L. Ed. 2d 125 · 83 S. Ct. 1019 · SCDB 1962-083 · 1963 U.S. LEXIS 1811
Cited by 6 cases
Per_curiam
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 further consideration in light of Douglas v. California, 372 U. S. 353.

Mr. Justice Clark and Mr. Justice Harlan dissent for the reasons stated in their opinions in Douglas v. California, 372 U. S., at 358, 360.

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  • Green v. State, 604 So. 2d 471 (Fla. 1992)
    …with gloves. In those cases, however, tools such as chisels, tire irons, and hammers were also found in the defendants’ possession. Fuqua v. State, 246 Miss. 191, 145 So. 2d 152 (1962), appeal dismissed and cert. denied, 372 U.S. 709, 83 S.Ct. 1018, 10 L.Ed.2d 125 (1963); People v. Ross, 161 A.D.2d 1191, 555 N.Y.S.2d 524 (App.Div.1990); State v. Nichols, 268 N.C. 152, 150 S.E. 2d 21 (1966); but see Moore v. State, 244 Ark. 1197, 429 S.W. 2d 122 (1968), cert. denied, 393 U.S. 1063, 89 S.Ct. 714, 21 L.Ed.2d 705…
  • United States v. Upton Pearson, Jr., 448 F.2d 1207 (5th Cir. 1971)
    …e prima facie evidence of intention to use them for such purpose.” . The tools were a crowbar, hammer, screw driver and hacksaw. . Fuqua v. State, 1962, 246 Miss. 191, 145 So. 2d 152, appeal dismissed and cert. denied, 372 U.S. 709, 83 S.Ct. 1018, 10 L.Ed.2d 125, rehearing denied, 373 U.S. 947, 83 S.Ct. 1536, 10 L.Ed.2d 703; Johnson v. State, 1962, 246 Miss. 182, 145 So. 2d 156, appeal dismissed and cert. denied, 372 U.S. 702, 83 S.Ct. 1018, 10 L.Ed.2d 125 (connected case). The annotation to § 2044, Miss.Co…
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  • George v. Parratt, 602 F.2d 818 (8th Cir. 1979)
    …. § 25-21,150 which permits suit for a declaratory judgment to determine the constitutionality and validity of state statutes. See, e. g., Meyerkooth v. State, 173 Neb. 889, 115 N.W. 2d 585, 588 (1962), appeal dismissed, 372 U.S. 705, 83 S.Ct. 1018, 10 L.Ed.2d 125 (1963); Thorin v. Burke, 146 Neb. 94, 18 N.W. 2d 664, 665 (1945). A third factor to be considered is whether the challenged state law is unclear.11 The underlying question of state law in the instant case, whether plaintiffs are entitled to good ti…

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