MARTINEZ
v.
UNITED STATES

U.S. | 1965-03-15
No. 397
380 U.S. 260 Supreme Court of the United States (1965) Caution
Cited by 1 case
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 United States District Court for the Northern District of California with instructions to make findings with respect to petitioner’s consent to the search.

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  • United States v. Curiale, 414 F.2d 744 (2d Cir. 1969)
    …are not persuaded that that finding is clearly erroneous; indeed, it is reasonable and logical in the light of the evidence. Nor do we feel compelled, by the cases cited in appellant’s brief, to rule otherwise. Nothing in Martinez v. United States, 380 U.S. 260, 85 S.Ct. 953, 13 L.Ed.2d 959 (1965), vacating 333 F. 2d 405 (9 Cir. 1964) so requires. In that case the Supreme Court, without opinion, remanded to the district court to make findings with respect to the petitioner’s consent to search, because it c…

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