KELLEY
v.
ARIZONA

U.S. | 1970-06-29
No. 1232
Mr. Justice Harlan would vacate the judgment and remand the case to the Supreme Court of Arizona for the reasons stated in his separate opinion in Chambers v. Maroney, ante, p. 55.
399 U.S. 525 Supreme Court of the United States (1970) Positive Treatment
Also reported at: 26 L. Ed. 2d 783 · 90 S. Ct. 2252 · SCDB 1969-141 · 1970 U.S. LEXIS 1272
Cited by 2 cases
Per_curiam
Per Curiam.

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Arizona for further consideration in light of Chambers v. Maroney, ante, p. 42.

Mr. Justice Harlan would vacate the judgment and remand the case to the Supreme Court of Arizona for the reasons stated in his separate opinion in Chambers v. Maroney, ante, p. 55.

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  • United States v. Kohls, 441 F.2d 1076 (9th Cir. 1971)
    …viction on Count I is affirmed. The sentence on Count I is vacated and the case is remanded to the District Court with instructions to dismiss Count II and for resentencing under Count I. See Peet v. United States, 1970, 399 U.S. 523, 90 S.Ct. 2258, 26 L.Ed.2d 783. . We do not decide this question because it is unnecessary for us to do so in this case. The record before the board did show that Kohls was eligible for a II-S classification, and the applicable regulation, 32 C.F.R. § 1623.2 can be construed to…

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