ODOM
v.
UNITED STATES
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The Supreme Court granted certiorari to decide whether North Carolina v. Pearce, which established requirements for imposing increased sentences upon resentencing, should apply retroactively to Odom's case. The Court dismissed the writ as improvidently granted after determining that the District Court had based Odom's increased second sentence on conduct occurring after his original sentencing and had specifically referred to this new information at resentencing, thus presenting no retroactivity issue under Pearce, though Justice Douglas disagreed and would have decided the merits.
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Per Curiam.
A writ of certiorari was granted in this case on June 22, 1970, 399 U. S. 904, limited to the question of the retro-activity of our decision in North Carolina v. Pearce, 395 U. S. 711. Since the granting of the writ there has come to the attention of the Court an order of Judge McRae of the United States District Court for the Middle District of Florida, dated July 1, 1970, denying a motion of petitioner Odom to set aside his. second sentence as illegally imposed under Pearce, supra. The order makes it clear that the greater severity of the second sentence was based on conduct on the part of the petitioner occurring after the time of the original sentencing proceeding, and that the new information was specifically referred to at resentencing. Since it is now apparent that this case does not present the issue of the retroactivity of North Carolina v. Pearce, supra, the writ is dismissed as improvidently granted.
Mr. Justice Douglas.
The question - is whether North Carolina v. Pearce, 395 U. S. 711, should be retroactive. In that case we said that “the factual data upon which the increased. sentence is based must be made part of the record, so that the constitutional legitimacy of the increased sentence may be fully reviewed on appeal.” Id., at 726. The information now reported to us by the District Court was never made á part of the record,. Hence an issue of retroactivity of Pearce is present .and I would decide the case on the1 merits.
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State v. Rameriz, 284 So. 2d 241 (Fla. 4th DCA 1973)…have obtained an arrest warrant.” Reis v. State, Fla.App.1971, 248 So. 2d 666. The [*244] court, in Reis, cited the decision in Odom v. United States, 5 Cir. 1968, 403 F. 2d 45, cert. granted 399 U.S. 904, 90 S.Ct. 2203, 26 L.Ed.2d 559, writ dism’d 400 U.S. 23, 91 S.Ct. 112, 27 L.Ed.2d 122, reh. den. 400 U. S. 984, 91 S.Ct. 363, 27 L.Ed.2d 396. In Odom v. United States, the Court of Appeals for the Fifth Circuit specifically held: “ . The absence of an arrest warrant, even though there may be sufficient…
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Herring v. Estelle, 491 F.2d 125 (5th Cir. 1974)…5th Cir. 1969, 412 F. 2d 892; Mosley v. Smith, 5th Cir. 1968, 404 F. 2d 346; White v. McHan, 5th Cir. 1967, 386 F. 2d 817; Quarles v. Dutton, 5th Cir. 1967, 379 F. 2d 934; Odom v. United States, 5th Cir. 1967, 377 F. 2d 853, writ of cert. dismissed, 400 U.S. 23, 91 S.Ct. 112, 27 L.Ed.2d 122; Bell v. Alabama, 5th Cir. 1966, 367 F. 2d 243, cert. denied, 386 U.S. 916, 87 S.Ct. 859, 17 L.Ed.2d 788; Bushy v. Holman, 5th Cir. 1966, 356 F. 2d 75. . “Effective counsel includes familiarity of counsel with the case…
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Michigan v. Payne, 412 U.S. 47 (U.S. 1973)…This Court has twice previously granted certiorari to resolve this question, but on each occasion the writ was dismissed as improvidently granted. Moon v. Maryland, 398 U. S. 319 (1970) (cert. granted, 395 U. S. 975 (1969)); Odom v. United States, 400 U. S. 23 (1970) (cert. granted, 399 U. S. 904 (1970)). This Court has consistently declined to reach out to resolve unsettled questions regarding the scope or meaning of decisions establishing “new” constitutional requirements in cases in which it holds any…1 / 2
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- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969)
- Hackney v. Machado, 399 U.S. 904 (U.S. 1970)