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Dove v. United States

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Opinion
423 U.S. 325 · Supreme Court of the United States · Jan 19, 1976
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Dove v. United States
New Mexico Supreme Court · Jul 14, 2022
District of Columbia Court of Appeals · Aug 26, 2021
D. Nevada · Apr 29, 2021
Supreme Court of Connecticut · Feb 4, 2021
Parentheticals
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 petition for writ of certiorari when criminal defendant died after filing the petition
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)
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
overruling Durham v. United States, 401 U.S. 481 [1971]