Opinion · Supreme Court of the United States
Dove v. United States
Dove v. United States, 423 U.S. 325 (1976)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1976-01-19
- Topic
- general
How later courts describe this case
- 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
- 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
- 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)
Citator
UpLaw has not yet analyzed Dove v. United States. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 136 opinions
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.