UNITED STATES EX REL. ROBINSON
v.
JOHNSTON, WARDEN
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The Supreme Court vacated and remanded a habeas corpus petition challenging a petitioner's conviction due to conflicting views among Ninth Circuit judges on related issues and in light of the Court's contemporaneous decision in Waley v. Johnston reversing a similar case. The Court granted the petition for certiorari and allowed the petitioner to seek rehearing en banc in the Circuit Court of Appeals.
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On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit.
Per Curiam:
The motion for leave to file a second petition for rehearing is granted. The second petition for rehearing is granted. The order denying certiorari, 314 U. S. 675, is vacated, and the petition for writ of certiorari is granted. The motion for leave to proceed in forma pauperis is also granted. In view of the conflict of views which has arisen among the judges of the Ninth Circuit with respect to the decision in this case (see Robinson v. Johnston, 118 F. 2d 998, 1001, and Crockett v. United States, 125 F. 2d 547, 548, 549), and in view of this Court’s decision in Waley v. Johnston, ante, p. 101, re versing 124 F. 2d 587, the judgment is vacated, and the case is remanded to the Circuit Court of Appeals for further proceedings, including leave to petitioner to apply for a hearing before the court en banc. See Textile Mills Corp. v. Commissioner, 314 U. S. 326.
Thomas Henry Robinson, Jr., pro se. Solicitor General Fahy, Assistant Attorney General Berge, and Mr. W. Marvin Smith for respondent.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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United States v. Morgan, 346 U.S. 502 (U.S. 1954)…y its second offender sentence, imposed at a time when the federal conviction had not been questioned, even if the federal conviction is later vacated. United States v. Mayer, 235 U. S. 55, 67-69; Robinson v. Johnston, 118 F. 2d 998, 1001, vacated, 316 U. S. 649, rev’d on other grounds, 130 F. 2d 202; Freedman, The Writ of Error Coram Nobis, 3 Temp. L. Q. 365. The scope of the writ has been expanded by some States to provide a vehicle for collateral redress of denials of constitutional rights, usually becau…1 / 3
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W. Pac. R.R. Corp. v. W. Pac. R.R. Co., 345 U.S. 247 (U.S. 1953)…Senior Circuit Judges (1940) p. 7. That this Court has deemed the en banc power to be an important and useful device in the administration of justice in the courts of appeals is apparent from our action in United States ex rel. Robinson v. Johnston, 316 U. S. 649 (1942), and Civil Aeronautics Board v. American Air Transport, Inc., 344 U. S. 4 (1952). In the Robinson case, supra, where it appeared that a “conflict of views” had arisen “among the judges of the Ninth Circuit,” we remanded the case “for further…1 / 3
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Robinson v. United States, 324 U.S. 282 (U.S. 1945)…d guilty to the offense in 1936. In August, 1943, a district court held his plea of guilty invalid on the ground that he had been denied counsel. This appeal is from a trial which took place in October, 1943. See Robinson v. Johnston, 118 F. 2d 998; 316 U. S. 649; 130 F. 2d 202; 50 F. Supp. 774. When the original kidnapping bill was passed by the Senate it did not provide for a death penalty. The House Committee on the Judiciary reported it to the floor with an amendment which authorized a death penalty unl…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Textile Mills Sec. Corp. v. Commissioner of Internal Revenue, 314 U.S. 326 (U.S. 1941)
- Robinson v. Johnston, 118 F.2d 998 (9th Cir. 1941)
- Waley v. Johnston, 124 F.2d 587 (9th Cir. 1941)
- Crockett v. United States, 125 F.2d 547 (9th Cir. 1942)
- United States ex rel. Robinson v. Johnston, 314 U.S. 675 (U.S. 1941)
- Clark v. Barlow, 314 U.S. 675 (U.S. 1941)