MILLER ET AL.
v.
UNITED STATES

U.S. | 1975-06-16
No. 74-1115
422 U.S. 1024 Supreme Court of the United States (1975) Positive Treatment
Cited by 11 cases
Dissent
Mr. Justice Brennan,

Mr. Justice Brennan,

with whom Mr. Justice Stewart and Mr. Justice Marshall join, dissenting.

Petitioners were convicted in the United States District Court for the Central District of California of mailing allegedly obscene matter in violation of 18 U. S. C. § 1461. The Court of Appeals for the Ninth Circuit affirmed. 455 F. 2d 899 (1972). We granted certiorari and remanded the case for further consideration in light of Miller v. California, 413 U. S. 15 (1973). 413 U. S. 913 (1973). On remand, the Court of Appeals for the Ninth Circuit again affirmed the convictions. 505 F. 2d 1247.

For the reasons stated in my dissent from the remand of this case, 413 U. S. 914, and because the present judgment was rendered-after Miller, I would grant certiorari and reverse the judgment.*

*

Although four of us would grant certiorari and reverse the judgment, the Justices who join this opinion do not insist that the case be decided on the merits.

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Cited By (11 total)

  • Delap v. Dugger, 890 F.2d 285 (11th Cir. 1989)
    …1, 733 (11th Cir.1982); 1B J. Moore, J. Lucas, T. Currier, Moore’s Federal Practice ¶ 0.443[1] at 759 (1988). Collateral estoppel applies to “ultimate” as well as “evidentia-ry” facts. Johnson v. Estelle, 506 F. 2d 347, 349 (5th Cir.), cert. denied, 422 U.S. 1024, 95 S.Ct. 2619, 45 L.Ed.2d 682 (1975); Wingate v. Wainwright, 464 F. 2d 209, 213 (5th Cir.1972). In most cases where criminal defendants seek to invoke collateral estoppel, it is difficult to determine precisely what facts and issues were conclusive…
  • United States v. Giarratano, 622 F.2d 153 (5th Cir. 1980)
    …fact has once been determined by a valid and final judgment, that issue cannot again be litigated between the same parties in any future lawsuit,” 397 U.S. at 443, 90 S.Ct. at 1194. In Johnson v. Estelle, 506 F. 2d 347, 350 (5th Cir.), cert. denied, 422 U.S. 1024, 95 S.Ct. 2619, 45 L.Ed.2d 682 (1975), this court stated that application of the doctrine of collateral estoppel “depends upon whether some issue necessary for the prosecution’s case in the second trial has necessarily been found for the defendant i…
  • Green Miller, Jr. v. Poretsky, 595 F.2d 780 (D.C. Cir. 1978)
    …140-150 (3d Cir. 1977), cert. denied, 435 U.S. 908, 98 S.Ct. 1457, 55 L.Ed.2d 499 (1978); Smith v. Anchor Bldg. Corp., 536 F. 2d 231, 233 (8th Cir. 1976); United States v. City of Black Jack, 508 F. 2d 1179, 1184-1185 (8th Cir. 1974), cert, denied, 422 U.S. 1024, 95 S.Ct. 2656, 45 L.Ed.2d 694 (1975); Kennedy Park Homes Ass’n, Inc. v. City of Lackawanna, 436 F. 2d 108, 114 (2d Cir. 1970), cert. denied, 401 U.S. 1010, 91 S.Ct. 1256, 28 L.Ed.2d 546 (1971); Nevett v. Sides, 571 F. 2d 209, 237-238 n.8 (5th Cir.…

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