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Johnson v. United States

Johnson v. United States, 401 U.S. 846 (1971)
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Court
Supreme Court of the United States
Decided
April 5, 1971
Docket
No. 5247
Judges
Stewart, Douglas
Citations
401 U.S. 84691 S. Ct. 125828 L. Ed. 2d 52327 A.F.T.R.2d (RIA) 10061971 U.S. LEXIS 62

Opinion of the Court — Per Curiam

Per Curiam.

The writ of certiorari is dismissed as improvidently granted.

The Chief Justice took no part in the consideration or decision of this case.

Dissent — Stewart

Mr. Justice Stewart, with whom Mr. Justice Douglas joins,

dissenting.

In the petitioner’s trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court’s decision in United States v. Jackson, 390 U. S. 570 . See Bailey v. United States, 132 U. S. App. D. C. 82, 86 and n. 3, 405 P. 2d 1352 , 1356 and n. 3. I think the extreme prejudice arising from this erroneous instruction requires reversal of the judgment of conviction and a remand of this case for a new trial. Cf. Price v. Georgia, 398 U. S. 323, 331-332 .

Combined text as published — syllabus, headnotes and all opinions in one document

401 U.S. 846 (1971)

JOHNSON

v.

UNITED STATES.

No. 5247.

Supreme Court of United States.

Argued March 24, 1971 Decided April 5, 1971 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

William J. Lippman, by appointment of the Court, 400 U. S. 940 , argued the cause and filed briefs for petitioner.

Samuel Huntington argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, and Roger A. Pauley.

PER CURIAM.

The writ of certiorari is dismissed as improvidently granted.

THE CHIEF JUSTICE took no part in the consideration or decision of this case.

MR. JUSTICE STEWART, with whom MR. JUSTICE DOUGLAS joins, dissenting.

In the petitioner's trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court's decision in United States v. Jackson, 390 U. S. 570 . See Bailey v. United States, 132 U. S. App. D. C. 82, 86 and n. 3, 405 F. 2d 1352 , 1356 and n. 3. I think the extreme prejudice arising from this erroneous instruction requires reversal of the judgment of conviction and a remand of this case for a new trial. Cf. Price v. Georgia, 398 U. S. 323, 331-332 .

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 18 cases

View all citing references →
1971: 11972: 21973: 21974: 21975: 11977: 11978: 21979: 11984: 11988: 31993: 12006: 119712026peak 1988 · 3

Relies on it most ⓘ

  1. United States v. Lawrence T591 F.2d 861 (D.C. Cir. 1979)
  2. United States v. Narciso446 F. Supp. 252 (E.D. Mich. 1977)
  3. United States v. Cyrus T. Anderson509 F.2d 312 (D.C. Cir. 1975)
  4. United States v. Thomas E470 F.2d 1234 (D.C. Cir. 1973)
  5. United States v. Gordon Alexander, United States of America v. Benjamin Murdock471 F.2d 923 (D.C. Cir. 1973)
  6. United States v. Wilkin D. Lumpkin448 F.2d 1085 (D.C. Cir. 1971)

Most recent

  1. Nuclear Information & Resource Service v. Nuclear Regulatory Commission457 F.3d 941 (9th Cir. 2006)
  2. Zimmerman v. State628 A.2d 62 (Del. 1993)
  3. State v. Lira759 P.2d 869 (Haw. 1988)
  4. State v. Coleman544 A.2d 194 (Conn. App. Ct. 1988)
  5. Mathews v. United States485 U.S. 58 (1988)
  6. Boyd v. United States473 A.2d 828 (D.C. 1984)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
United States v. Jackson, 390 U.S. 570 (1968) 1,090
Price v. Georgia, 398 U.S. 323 (1970) 602
James Bailey v. United States of Am., Ronald Humphries v. United States, 405 F.2d 1352 (D.C. Cir. 1968) 29
United States v. Dist. Court in & for Water Div. No. 5, 400 U.S. 940 (1970) 1

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