Summary
In Bates v. Nelson, 393 U.S. 16, 89 S.Ct. 50, 21 L.Ed.2d 21, the Supreme Court granted certiorari from this decision of the Ninth Circuit, and on October 14, 1968, vacated the judgment and remanded the case to the Court of Appeals for further consideration in the light of Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319. (On the prior conviction point.)
Summary of this case from Shorter v. United StatesOpinion
No. 86, Misc.
Decided October 14, 1968.
Certiorari granted; 385 F.2d 771, vacated and remanded.
Richard Gladstein, Norman Leonard, and Ruth Jacobs for petitioners.
Thomas C. Lynch, Attorney General of California, Albert W. Harris, Jr., Assistant Attorney General, and Charles R. B. Kirk, Deputy Attorney General, for respondent.
The motions to supplement the petition for a writ of certiorari and for leave to proceed in forma pauperis are granted. The petition for a writ of certiorari is also granted. The judgment is vacated and the case is remanded to the Court of Appeals for further consideration in light of Burgett v. Texas, 389 U.S. 109; Bruton v. United States, 391 U.S. 123; and Roberts v. Russell, 392 U.S. 293.