The Court is advised that the petitioner died at New Bern, N.C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U.S. 481 (1971), may be inconsistent with this ruling, Durham is overruled.

It is so ordered.

MR. JUSTICE WHITE dissents.

Summaries of

Dove v. United States

U.S.

Jan 19, 1976

423 U.S. 325 (1976)

In Dove, we overruled Durham only "[t]o the extent that [Durham] may be inconsistent with" our disposition in Dove, 423 U.S., at 325.

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noting the distinction that "appeals are a matter of right while decisions on certiorari petitions are wholly discretionary," but explaining that "Congress, however, has given a right to petition for certiorari"

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dismissing petition for a writ of certiorari from appellate decision in criminal proceedings upon petitioner's death

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dismissing petition for a writ of certiorari from appellate decision in criminal proceedings upon petitioner's death

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dismissing a certiorari petition because petitioner had died

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dismissing a certiorari petition because petitioner had died

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dismissing a certiorari petition because petitioner had died

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dismissing petition for certiorari where civil plaintiff died and the cause of action did not survive death

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dismissing petition because petitioner had died

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dismissing a petition for certiorari when the Court was advised that the petitioner had died

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dismissing certiorari petition upon petitioner's death

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dismissing petition for certiorari due to petitioner's death

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dismissing certiorari petition upon petitioner's death

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dismissing a certiorari petition because petitioner had died

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dismissing certiorari petition due to the petitioner's death

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dismissing a certiorari petition because petitioner had died

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dismissing certiorari because petitioner had died

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dismissing certiorari petition because petitioner had died

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overruling Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200

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noting only the petition is dismissed

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In Dove, the Supreme Court was once again faced with a case in which a defendant died while his petition for writ of certiorari was pending review.

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In Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976), the Court was presented with the same situation, but it resolved it differently.

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dismissing the petition for certiorari review because the petitioner died

Summary of this case from State v. Tsosie

Dove v. United States

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Dove v. United States

Dove v. United States

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Dove v. United States

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Dove v. United States

Dove v. United States

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