Dove v. United States
Dove v. United States, 423 U.S. 325 (1976)
Opinion
Per Curiam.
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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 22 in all; the most informative distinct ones are shown.
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(dismissing petition for writ of certiorari in criminal case upon notice that 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 (1971))
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(dismissing a petition for 8 writ of habeas corpus as moot because petitioner had died)
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(eliminating Durham rule for petitions of certiorari, but not for appeals of right)
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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" (emphasis added))
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(dismissing 5 appeal of denial of § 2254 relief because the petitioner was deceased)
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(upon petitioner's death, dismissing petition for certiorari without remand or instructions, adding that "[t]o the extent" Durham "may be inconsistent with this ruling, Durham is overruled")
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(dismissing petition for certiorari but leaving the judgment unabated)
Cited by 114 cases
View all citing references →- U.S. Supreme Court2
- U.S. Courts of Appeals27
- Federal District Courts26
- Military Courts10
- State Highest Courts34
- State Appellate Courts15
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