RUNDLE, CORRECTIONAL SUPERINTENDENT
v.
JOHNSON
Per Curiam.
The motion of respondent for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Third Circuit is reversed, Spencer v. Texas, 385 U. S. 554, and the case is remanded to that court for consideration of the unresolved issues.
Mr. Justice Douglas dissents from the reversal of the Court of Appeals in United States v. Rundle, 349 F. 2d 416, which affirmed United States v. Rundle, 243 F. Supp. 695, 700, where the District Court granted the petition for habeas corpus since the introduction of the accused’s “prior criminal record for obstructing a railroad was so fundamentally unfair as to deny him due process .of law.”
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Engine Specialties, Inc. v. Bombardier Ltd., 605 F.2d 1 (1st Cir. 1979)…orizontal level8 is a per se violation. Continental T.V., Inc. v. GTE Sylvania, Inc., supra, 433 U.S. at 58 n. 28, 97 S.Ct. 2549; Topco Associates, supra, 405 U.S. at 608, 609 n. 9, 92 S.Ct. 1126; United States v. Sealy, supra, 388 U.S. at 357 n. 5, 87 S.Ct. 847.9 The contract on its face envisioned a joint venture (which never came to fruition) and the appointment of Bombardier as Agrati’s exclusive dealer. It did, however, include certain language which ESI reads as imposing territorial restrictions on A…1 / 2
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Forrest S. Tucker v. United States, 431 F.2d 1292 (9th Cir. 1970)…cord. Yet the decisions of the Supreme Court specifically refute this assumption: Spencer v. Texas,4 385 U.S. 554, 87 S.Ct. 648, 17 L.Ed.2d 606 (1967), where the procedure of a one-stage recidivist trial was affirmed; Rundle v. Johnson, 386 U.S. 14, 87 S.Ct. 847, 17 L.Ed.2d 695 (1967), where the procedure of admission of prior crimes in a one-stage murder trial to assist the jury in fixing punishment was affirmed. These decisions, viewed in association with Burgett, suggest that the broad application of the…
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Landon Zuckerman and Sam Haber v. Appellate Division, 421 F.2d 625 (2d Cir. 1970)…ants’ petition for a writ of certiorari, vacated the Appellate Division’s order and remanded the case for “reconsideration in light of Spevack v. Klein, 385 U.S. 511, 87 S.Ct. 625, [17 L.Ed.2d 574] (1967).” Zuckerman, et al. v. Greason, 386 U.S. 15, 87 S.Ct. 847, 17 L.Ed.2d 696 (1967). Without further notice to appellants, the Appellate Division, on March 20, 1967, dismissed one of the charges against Zuckerman on the authority of Spevack v. Klein, supra, and reduced his penalty to a five-year suspension.…
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- Spencer v. Texas, 385 U.S. 554 (U.S. 1967)
- United States ex rel. James Morris Johnson v. Rundle, 349 F.2d 416 (3d Cir. 1965)
- Commissioner OF Internal Revenue v. Pontchartrain Park Homes, Inc., 349 F.2d 416 (5th Cir. 1965)