LOPINSON
v.
PENNSYLVANIA
Explore caselaw by topic → Browse In Forma Pauperis cases and more on FLexlaw
Per Citriam.
The motions for leave to proceed in forma pauperis in No. 1095, Misc., and No. 1700, Misc., are granted and the petitions for writs of certiorari in all three cases are granted. Without reaching the petitioners’ other claims, the judgments are vacated and the cases remanded for reconsideration in the light of Witherspoon v. Illinois, 391 U. S. 510.
Mr. Justice Harlan dissents for the reasons stated in Mr. Justice Black’s dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 532.
Mr. Justice White dissents for the reasons stated in his dissenting opinion in Witherspoon v. Illinois, 391 U. S. 510, 540.
Mr. Justice Black,
dissenting.
In all three of these cases the Court remands to the state courts on one single constitutional claim of petitioners without reaching other constitutional claims raised by them. The result is that after the state courts rule on the single remand issue this Court will undoubtedly be called on to pass on the other issues which the Court refuses to decide. At the very least this means postponement of a final decision in these cases a year or two years or three years, unless, that is, this Court should, on the second review, choose once more to decide the cases piecemeal. Piecemeal dispositions of criminal cases inevitably cause delays and hamper enforcement of the criminal law's and there is a lot of truth in the old adage that delay is a defendant’s best lawyer. See Witherspoon v. Illinois, 391 U. S. 510, where a murder sentence was reversed nine years after the murder. It is true that under Fay v. Noia, 372 U. S. 391, a certain amount of delay is inevitable in criminal cases, but that is not true in these cases where the issues are squarely presented to us here and now.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States ex rel. Charles Lee Allison v. State of N.J., 418 F.2d 332 (3d Cir. 1969)…Beto, 363 F. 2d 503 (5th Cir. 1966), although seemingly the conviction there was final before Massiah was decided. In Commonwealth v. Coyle, 427 Pa. 72, 233 A. 2d 542 (1967), vacated on other grounds sub nom., Lopinson v. Pennsylvania, 392 U.S. 647, 88 S.Ct. 2277, 20 L.Ed.2d 1344 (1968), the Pennsylvania Supreme Court apparently held that Massiah did not have any retroactive effect whatsoever. In Elliot, Lyles and Coyle the courts reasoned that the purpose of Massiah was so similar to those of Escobedo, Mira…
-
Aubran Wayne Martin v. Warden, Huntingdon State Corr. Inst. & Attorney Gen. of the Commonwealth of Pa., 653 F.2d 799 (3d Cir. 1981)…d not violate a constitutional mandate nor did it contravene state law. See Commonwealth v. Sparrow, 471 Pa. 490, 370 A. 2d 712 (1977); Commonwealth v. Lopinson, 427 Pa. 284, 234 A. 2d 552 (1967), vacated and remanded on other grounds, 392 U.S. 647, 88 S.Ct. 2277, 20 L.Ed.2d 1344 (1968), modified, 449 Pa. 33, 295 A. 2d 524 (1972), cert. denied, 411 U.S. 986, 93 S.Ct. 2269, 36 L.Ed.2d 963. (1973) (only legitimate inquiry is whether juror had fixed opinion of guilt or innocence). We have independently examine…
-
United States ex rel. Frank Phelan v. Brierley, 453 F.2d 73 (3d Cir. 1971)…on’s trial in January and February of 1965. Lopinson was convicted of murder in the first degree, and this conviction was affirmed by the Pennsylvania Supreme Court. Commonwealth v. Lopinson, 427 Pa. 284, 234 A. 2d 552 (1967), vacated, 392 U.S. 647, 88 S.Ct. 2277, 20 L.Ed.2d 1344 (1968). . A copy of this hand printed petition appears in the record (10a). It demonstrates that immediately before the degree of guilt hearing, Phelan had an understanding of the nature of the proceedings pending against him. . A…
Authorities Cited
- FAY v. Noia, 372 U.S. 391 (U.S. 1963)
- Witherspoon v. Illinois, 391 U.S. 510 (U.S. 1968)