green
Positive treatment
published
4.7 score
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971
1998
2026
Cited for
Other citing cases
- Anderson v. United States, 326 A.2d 807 (D.C. 1974).published
- United States v. Thomas E. Fench, United States of Am. v. William H. Blackwell, 470 F.2d 1234 (D.C. Cir. 1973).published
- United States v. Michael W. Rosebar, 463 F.2d 1255 (D.C. Cir. 1972).published
Retrieving the full opinion text from the archive…
Johnson
v.
United States
v.
United States
5247.
Supreme Court of the United States.
Apr 5, 1971.
Published opinion
401 U.S. 846
1971 U.S. LEXIS 62
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.
Stewart, Douglas.
Cited by 22 opinions | Published
Lead Opinion
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
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.