BATES ET AL.

v.

NELSON, WARDEN

Citator

Cited By

• Loper v. Beto, 405 U.S. 473 (U.S. 1972)
  …428 F. 2d 1027. The reasoning of that dissenting opinion would dictate that the rule in Burgett must not be given retroactive application, at least to cases where the sentence was imposed prior to Gideon. Yet, by our disposition of Bates v. Nelson, 393 U. S. 16, where we vacated and remanded in light of Burgett a denial of habeas corpus following a 1957 conviction, we indicated that Burgett is retroactive in its application without regard to whether the use of the prior convictions was made prior to or aft…
• Shorter v. United States, 412 F.2d 428 (9th Cir. 1969)
  …The dissent cites Bates v. Wilson, 385 F. 2d 771 (9 Cir. 1967) and Bates v. Nelson, 393 U.S. 16, 89 S.Ct. 50, 21 L.Ed.2d 21 (1968) vacating the judgment in Bates v. Wilson, and remanding the case to the court of appeals. The dissent states that the case was remanded for further consideration in the light of Burgett v. Texas, 389 U.S. 109, 88 S…

  ← 1 / 3 →
• Gilday v. Palmer C. Scafati, 428 F.2d 1027 (1st Cir. 1970)
  …Ed.2d 452 (1969); Smith v. Crouse, 420 F. 2d 373 (10th Cir. 1969); Tucker v. Craven, 421 F. 2d 139 (9th Cir. 1970), cert. denied, 398 U.S. 929, 90 S.Ct. 1822, 26 L.Ed.2d 92 (1970); Clark v. Turner, 283 F.Supp. 909 (D.Utah 1968); see Bates v. Nelson, 393 U.S. 16, 89 S.Ct. 50, 21 L.Ed.2d 21 (1968). . The convictions were as follows: (1) on February 14, 1955, attempted theft of a handbag, resulting in a sentence of 4 to 5 years at Massachusetts Correctional Institution at Walpole, (2) on February 14, 1955, w…

Authorities Cited

• Bruton v. United States, 391 U.S. 123 (U.S. 1968)
• Burgett v. Texas, 389 U.S. 109 (U.S. 1967)
• Roberts v. Russell, 392 U.S. 293 (U.S. 1968)