MANCUSI, WARDEN

v.

HETENYI

Citator

Cited By (36 total)

• Benton v. Maryland, 395 U.S. 784 (U.S. 1969)
  …the jury might have been tempted to compromise on a lesser charge because of an erroneous retrial on a greater charge. See United States ex rel. Hetenyi v. Wilkins, 348 F. 2d 844, 866 (C. A. 2d Cir. 1965), cert. denied, sub nom. Mancusi v. Hetenyi, 383 U. S. 913 (1966). Larceny is a lesser offense than burglary. See Note, Individualized Criminal Justice in the Supreme Court: A Study of Dispositional Decision Making, 81 Harv. L. Rev. 1260, 1272-1273 (1968).…
• Price v. Georgia, 398 U.S. 323 (U.S. 1970)
  …a rehearing, contending, as he contends here, that Brantley was no longer controlling. He relied on Green v. United States, 355 U. S. 184 (1957), and [*326] United States ex rel. Hetenyi v. Wilkins, 348 F., 2d 844 (C. A. 2d Cir. 1965), cert. denied, 383 U. S. 913 (1966). His contention was rejected. In deciding that Brantley was still a binding precedent as to it, the Georgia Court of Appeals noted that the Georgia Supreme Court had transferred the case to it as involving the application of only “plain and u…

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• Pan-Islamic Trade Corp. v. Exxon Corp., 632 F.2d 539 (5th Cir. 1980)
  …Fidelity & Guaranty Co., 620 F. 2d at 534. Clearly, if a complaint as amended is subject to dismissal, leave to amend need not be given. DeLoach v. Woodley, 405 F. 2d 496 (5th Cir. 1969); Byrne v. Kysar, 347 F. 2d 734 (7th Cir. 1965), cert. denied, 383 U.S. 913, 86 S.Ct. 902, 15 L.Ed.2d 668 (1966). We hold that the trial judge, in denying leave to amend, did not abuse his discretion for two reasons. The bulk of Count II was clearly subject to dismissal because Pan-Islamic failed to allege facts indicating…