BALISTRIERI
v.
UNITED STATES

U.S. | 1969-06-16
No. 1070
Mr. Justice Black dissents., Mr. Justice Marshall took no part in the consideration or decision of this case.
395 U.S. 710 Supreme Court of the United States (1969) Positive Treatment
Cited by 14 cases

Opinion of the Court
Per Curiam..

Per Curiam..

The petition for rehearing is granted and the order denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Seventh Circuit is vacated. The case is remanded to the United States District Court for the Southern District of Illinois for further proceedings in light of Alderman v. United States, 394 U. S. 165, and Giordano v. United States, 394 U. S. 310.

Mr. Justice Black dissents.

Mr. Justice Marshall took no part in the consideration or decision of this case.


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Cited By

  • State v. Matera, 401 So. 2d 1361 (Fla. 3d DCA 1981)
    …arsello, 578 F. 2d 199 (7th Cir. 1978); Parker v. Estelle, 498 F. 2d 625 (5th Cir. 1974); Gissendanner v. Wainwright, 482 F. 2d 1293 (5th Cir. 1973); United States v. Balistrieri, 403 F. 2d 472 (7th Cir. 1968), vacated and remanded on other grounds, 395 U.S. 710, 89 S.Ct. 2032, 23 L.Ed.2d 654 (1969). . Matera presented evidence of a suggestive show-up, not of himself, but of Galtieri, his co-defendant. . We add, however, that the defense was aware of Metzger’s ability to impeach Braverman; aware that Metz…
  • United States v. Wainwright, 413 F.2d 796 (10th Cir. 1969)
    …ral court. Rule 26 Fed.R.Crim.P., . 18 U.S.C.; F.T.C. v. St. Regis Paper Co., 304 F. 2d 731 (7th Cir. 1962); United States v. Bowman, 358 F. 2d 421 (3rd Cir. 1966); United States v. Balistrieri, 403 F. 2d 472 (7th Cir. 1968) vacated on other grounds 395 U.S. 710, 89 S.Ct. 2032, 23 L.Ed.2d 654 (1969); and cf. Preliminary Draft of Proposed Rules of Evidence for the United States District Court. No in depth discussion of the relevant case law is necessary to dis- [*804] pose of this alleged error. Mr. Larrow…
  • United States v. Friedland, 441 F.2d 855 (2d Cir. 1971)
    …alistrieri, 403 F. 2d 472, 477 (7 Cir. 1968), vacated and remanded for further proceedings in light of Alderman v. United States, 394 U.S. 165, 89 S.Ct. 961, 22 L.Ed.2d 176, and Giordano v. United States, 394 U.S. 310, 89 S.Ct. 1163, 22 L.Ed.2d 297, 395 U.S. 710, 89 S.Ct. 2032, 23 L.Ed.2d 654 (1969), quoted his statement approvingly. We do not regard the Supreme Court’s remand as affording a contrary indication, since the two cited cases were, in pertinent part, concerned with the procedures to be followed…

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