SPENCE ET AL.
v.
NORTH CAROLINA

U.S. | 1968-06-17
No. 759
Mr. Justice Black and Mr. Justice Harlan dissent, for reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 532., Mr. Justice White dissents for the reasons stated in his dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 540.
392 U.S. 649 Supreme Court of the United States (1968) Caution
Also reported at: 20 L. Ed. 2d 1350 · 88 S. Ct. 2290 · 1968 U.S. LEXIS 1159 · SCDB 1967-195
Cited by 26 cases
Topics
In Forma Pauperis Writ Of Certiorari Judicial Review

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Per_curiam
Per Curiam.

Per Curiam.

The motions for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments of the courts below are vacated and the cases remanded for reconsideration in the light of Witherspoon v. Illinois, 391 U. S. 510.

Mr. Justice Black and Mr. Justice Harlan dissent, for reasons stated in Mr. Justice Black's dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 532.

Mr. Justice White dissents for the reasons stated in his dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 540.

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  • McNALLY v. The Pulitzer Publ'g Co. & Ted Gest, 532 F.2d 69 (8th Cir. 1976)
    …, 165 U.S. 518, 525-26, 17 S.Ct. 407, 410, 41 L.Ed. 810, 812 (1897); Erving v. Virginia Squires Basketball Club, 468 F. 2d 1064, 1067 (2d Cir. 1972); Allstate Insurance Co. v. McNeill, 382 F. 2d 84, 87-88 (4th Cir. 1967), cert. denied, 392 U.S. 931, 88 S.Ct. 2290, 20 L.Ed.2d 1390 (1968). A. McNally contends that Pulitzer and Gest engaged in a private conspiracy to deprive him of equal protection of the law or of equal privileges and immunities and that their private conduct may therefore be challenged purs…
  • O'Bryan v. W.J. Estelle, Jr., 714 F.2d 365 (5th Cir. 1983)
    …, giving the state the options of conducting a hearing, releasing the prisoner, or retrying him. . The Supreme Court summarily reversed this case, Jackson v. Beto, and remanded it to the Fifth Circuit “for reconsideration in light of Witherspoon ” (392 U.S. 649, 88 S.Ct. 2290, 20 L.Ed.2d 1350). . “The record is silent as to who was responsible for misplacing it, but petitioner-appellant does not charge that it occurred through the willful fault of the State.” 428 F. 2d at 1056). . See, e.g., the findings…
  • Gonzales v. Beto, 445 F.2d 1202 (5th Cir. 1971)
    …t on at least three occasions has applied the teachings of Turner: Bowles v. Texas, 5 Cir., 1966, 366 F. 2d 734; Crawford v. Beto, 5 Cir., 1967, 385 F. 2d 156; and Jackson v. Beto, 5 Cir., 1968, 388 F. 2d 409, vacated and remanded on other grounds, 392 U.S. 649, 88 S.Ct. 2290, 20 L.Ed.2d 1350 (1968). No cases applying Turner have been found in the decisions of the other federal circuits. Bowles has been convicted in Texas of the murder of his brother-in-law. The denial of habeas relief was affirmed on the…

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