SCHMEAR

v.

GAGNON, WARDEN

Citator

Cited By

• United States v. DeLEO, 422 F.2d 487 (1st Cir. 1970)
  …mon to all of the cases held pending the disposition of Glmnel and disposed of the same day: Von Cleef v. New Jersey, 395 U.S. 814, 89 S.Ct. 2051, 23 L.Ed.2d 728; Shipley v. California, 395 U.S. 818, 89 S.Ct. 2053, 23 L.Ed.2d 732; Schmear v. Gagnon, 395 U.S. 978, 89 S.Ct. 2125, 23 L.Ed.2d 767; Harris v. Illinois, 395 U.S. 985, 89 S.Ct. 2137, 23 L.Ed.2d 774; Ma-honey v. LaVallee, 395 U.S. 985, 89 S.Ct. 2137, 23 L.Ed.2d 774; Chrisman v. California, 395 U.S. 985, 89 S.Ct. 2135, 23 L.Ed.2d 774; Jamison v. Unite…
• United States ex rel. Clarence Mayfield v. Pate, 451 F.2d 1381 (7th Cir. 1971)
  …in fixing such a cut-off date is outbalanced by the factors of reliance and burden on the administration of justice which argue for prospective application only in other cases. And see Schmear v. Gagnon, 896 F. 2d 786 (7th Cir. 1968), cert. denied, 395 U. S. 978, 89 S.Ct. 2125, 23 L.Ed.2d 767 (1969). The fact that many new Supreme Court rulings in habeas corpus cases have been held retroactive is, in our opinion, more a coincidence than a command.3 Rather than deciding retroactivity by the direct or colla…

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• Whitty v. State OF Wis. & Wilbur J. Schmidt, 436 F.2d 401 (7th Cir. 1970)
  …eys were not competent to issue arrest warrants. The decision was handed down November 2, 1965. However, Petitioner was arrested on a complaint filed May 24, 1965, and this Court has held in Schmear v. Gagnon, 7 Cir., 1968, 396 F. 2d 786, cert. den. 395 U.S. 978, 89 S.Ct. 2125, 23 L.Ed.2d 767, that the rule applied prospectively only. The victim’s mother testified that two days after the offense, she was sitting with her daugher in the Safety Building and she saw the defendant, whom she did not then know,…