NEWSOME
v.
NORTH CAROLINA

U.S. | 1963-10-14
No. 11
Mr. Justice Harlan, for the reasons stated in his dissenting opinion in Pickelsimer v. Wainwright, ante, p. 3, would have withheld disposition of this petition for certiorari until the disposition, after argument, of that case.
375 U.S. 21 Supreme Court of the United States (1963) Positive Treatment
Also reported at: 11 L. Ed. 2d 41 · 84 S. Ct. 80 · 1963 U.S. LEXIS 530 · SCDB 1963-005
Cited by 37 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. The judgment is vacated and the case is remanded to the Supreme Court of North Carolina for further consideration in light of Gideon v. Wainwright, 372 U. S. 335.

Mr. Justice Harlan, for the reasons stated in his dissenting opinion in Pickelsimer v. Wainwright, ante, p. 3, would have withheld disposition of this petition for certiorari until the disposition, after argument, of that case.

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Cited By (35 total)

  • King v. State, 157 So. 2d 440 (Fla. 2d DCA 1963)
    …S.Ct. 1887, 10 L.Ed.2d 1047; Kovner v. Wainwright, 374 U.S. 492, 83 S.Ct. 1891, 10 L.Ed.2d 1048; and Buffington v. Wainwright, 373 U.S. 543, 83 S.Ct. 1540, 10 L.Ed.2d 688. And see in particular the decision in Pickelsimer v. Wainwright, 375 U.S. -, 84 S.Ct. 80, 11 L.Ed.2d 41 (1963), wherein the dissents of Justice Harlan points out that the majority has held in effect that the Gideon decision invalidates convictions entered prior to the time it was rendered. See also the decision of the Florida courts in…
  • Chandler v. Crosby, 916 So. 2d 728 (Fla. 2005)
    …ly indicated the ruling on the entitlement to counsel applied retroactively to similar postconviction claims. And, in fact, the Supreme Court subsequently applied Gideon in ten other collateral proceedings. See Pickelsimer v. Wainwright, 375 U.S. 2, 84 S.Ct. 80, 11 L.Ed.2d 41 (1963). Subsequently, in anticipation of a flood of habeas petitions seeking relief under Gideon even though neither this Court nor the United States Supreme Court had explicitly held it was to be applied retroactively, this Court pr…
  • Montgomery v. Louisiana., 136 S. Ct. 718 (U.S. 2016)

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