Durham v. United States

United States Supreme Court

401 U.S. 481

Durham  v.  United States

On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

No. 5928. 

Not until several months after petitioner had seasonably filed a petition for rehearing from the Court of Appeals' affirmance of his conviction and he had been advised that he would be notified as soon as there was a ruling on that petition, was he informed (on further inquiry) of the court's denial thereof. Within three weeks of receiving that advice, he filed a petition for certiorari, but thereafter he died.

Held:

1. On the facts of this case, waiver of Rule 22 (2)'s time requirement for filing a petition for certiorari is proper.

2. Death pending direct review, whether by certiorari (as in this case) or appeal, of a federal criminal conviction abates all previous prosecutive proceedings.

Certiorari granted, 419 F. 2d 392; vacated and remanded to the District Court with directions to dismiss the indictment.

PER CURIAM.

Notes