TILLMAN ET AL.
v.
UNITED STATES

U.S. | 1969-06-23
No. 1879
Mr. Justice Black dissents.
395 U.S. 830 Supreme Court of the United States (1969) Caution
Cited by 175 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari as to petitioner Fox are granted. The judgment is vacated in part and the case is remanded to the United States District Court for the Northern District of Georgia for further consideration in light of Alderman v. United States, 394 U. S. 165.

Mr. Justice Black dissents.

As to all other petitioners the petition for a writ of certiorari is denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (88 total)

  • MacKlin v. State, 395 So. 2d 1219 (Fla. 3d DCA 1981)
    …l Procedure 3.152(a)(1), severance is mandatory, see Tyson v. State, 379 So. 2d 1321 (Fla. 1st DCA 1980); accord, United States v. Marionneaux, 514 F. 2d 1244 (5th Cir. 1975); Tillman v. United States, 406 F. 2d [*1221] 930 (5th Cir.), cert. denied, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969) (construing the Federal counterpart, Federal Rule of Criminal Procedure 8, as mandatorily requiring severance in the case of misjoinder), as prejudice is conclusively presumed. Paul v. State, 385 So. 2d 1371 (Fl…
  • United States v. Phillips, 664 F.2d 971 (5th Cir. 1981)
    …9 S.Ct. 2030, 60 L.Ed.2d 395 (1979); United States v. Khoury, 539 F. 2d 441, 443 (5th Cir. 1976), cert. denied, 429 U.S. 1040, 97 S.Ct. 739, 50 L.Ed.2d 752 (1977); Tillman v. United States, 406 F. 2d 930, 937-38 (5th Cir.), vacated on other grounds, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742 (1969). The trial court retains such discretion even though [*999] this Court has required affirmative proof of the harmlessness of private communications outside the jury room. United States v. Khoury, supra, 539 F. 2…
    1 / 2
  • United States v. Mayo Perez, 489 F.2d 51 (5th Cir. 1973)
    …ed together or severally.” 24 Opper v. United States, 1954, 348 U.S. 84, 95, 75 S.Ct. 158, 165, 99 L.Ed. 101, 109; United States v. Lane, 5 Cir., 1972, 465 F. 2d 408, 413; Tillman v. United States, 5 Cir., 1968, 406 F. 2d 930, vacated in part, 1969, 395 U.S. 830, 89 S.Ct. 2143, 23 L.Ed.2d 742. Appellants contend, as we understand it, that, even if one conspiracy was shown as we have held and joinder was thereby proper under F.R.Crim.P. 8, the complexity of the evidence coupled with the absence of adequate…

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