Marakar v. United States

Supreme Court

Marakar v. United States

370 U.S. 723, 82 S. Ct. 1573, 8 L. Ed. 2d 803, 1962 U.S. LEXIS 859

CourtSupreme Court of the United States

DecidedJune 25, 1962

Docket1191 M

StatusPublished

Cited by34 cases

This text of 370 U.S. 723 (Marakar v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Marakar v. United States, 370 U.S. 723, 82 S. Ct. 1573, 8 L. Ed. 2d 803, 1962 U.S. LEXIS 859 (1962).

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Opinion

Per Curiam.

The motions for leave to proceed in forma pauperis are granted. On motion of the Solicitor General and upon an examination of the entire record, the petitions for writs of certiorari are granted, the judgments are vacated, and the causes are remanded to the United States District Court for the District of New Jersey with directions to dismiss the indictments.

Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join the Court’s disposition because they believe that the Double Jeopardy Clause of the Fifth Amendment was an insurmountable barrier to the prosecution of these petitioners under the separate indictments returned on April 26,1961, charging each petitioner with a substantive offense of illegally bringing opium into this country. See Abbate v. United States, 359 U. S. 187, 196 (separate opinion); cf. Petite v. United States, 361 U. S. 529, 533 (dissenting opinion).

Mr. Justice Frankfurter took no part in the consideration or decision of these cases.

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Per Curiam.

The motions for leave to proceed in forma pauperis are granted. On motion of the Solicitor General and upon an examination of the entire record, the petitions for writs of certiorari are granted, the judgments are vacated, and the causes are remanded to the United States District Court for the District of New Jersey with directions to dismiss the indictments.

Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Brennan join the Court’s disposition because they believe that the Double Jeopardy Clause of the Fifth Amendment was an insurmountable barrier to the prosecution of these petitioners under the separate indictments returned on April 26,1961, charging each petitioner with a substantive offense of illegally bringing opium into this country. See Abbate v. United States, 359 U. S. 187, 196 (separate opinion); cf. Petite v. United States, 361 U. S. 529, 533 (dissenting opinion).

Mr. Justice Frankfurter took no part in the consideration or decision of these cases.

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Bluebook (online)

370 U.S. 723, 82 S. Ct. 1573, 8 L. Ed. 2d 803, 1962 U.S. LEXIS 859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marakar-v-united-states-scotus-1962.

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