Dove v. United States

dismissing petition for writ of certiorari in criminal case upon notice that petitioner had died | dismissing petition for writ of certiorari in criminal case upon notice that petitioner had died | overruling Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971) | dismissing a petition for 8 writ of habeas corpus as moot because petitioner had died | dismissing petition for writ of certiorari when criminal defendant died after filing the petition | dismissing petition for writ of certiorari when criminal defendant died after filing the petition | eliminating Durham rule for petitions of certiorari, but not for appeals of right | eliminating Durham rule for petitions of certiorari, but not for appeals of right | 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) | dismissing 5 appeal of denial of § 2254 relief because the petitioner was deceased | dismissing petition for writ of certiorari when criminal defendant died after filing the petition | which appears inconsistent with the decision by the Supreme Court in Durham v. United States, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200 (1971) | 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" | dismissing petition for certiorari but leaving the judgment unabated | dismissing petition for certiorari but leaving the judgment unabated | overruling Durham v. United States, 401 U.S. 481 [1971] | dismissing the petition for certiorari review because the petitioner died | dismissing a certiorari petition 13 because petitioner had died | dismissing a certiorari petition because petitioner had died | dismissing a certiorari petition because petitioner had died | dismissing petition for writ of certiorari as moot | death results in dismissal of certiorari