Carter v. United States, 1963
File — Folder: 8
Identifier: Folder 8
No. 19,627; 325 F.2d 697 (1963), cert. den. 377 U.S. 940 (1964)
En Banc.
Judge Wisdom joined in the dissent of Judge Bell and the opinion of Judge Brown specially concurring in the dissent.
The original panel to hear this case, Judges Tuttle, Brown and Johnson, favored reversal, which would have required that Howard, v. United States, 232 F.2d 274 (!956) and Pope v. United States, 298 F.2d 507 (1962) be overruled. They therefore requested an en banc court.
The judges had voted against en banc consideration when Judge Gewin changed his vote, the new majority favoring an en banc hearing. Judge Hutcheson was against such a hearing, and did not participate. Judge Bell, while originally opposed to en banc consideration, submitted a proposed opinion to reverse, which he revised in an attempt to gain the concurrences of Judges Cameron, Jones, Gewin, and Rives, and again revised, upon failure to achieve a majority, to dissent from the affirmance by an equally divided court.
Includes TLS of Judge Brown on the merits and on en banc consideration as appropriate; TLS of Judge Rives, TL (2) of Judge Bell on the merits of the en banc request; TLS of chief Judge Tuttle on the result of the en banc vote; TLS of Judge Brown and TL of Judge Wisdom on the vote an don reconsideration by those judges not in favor of an en banc court as appropriate; and TLS of Judge Gewin on his changed position on the en banc request.
Also includes TL of Ralph Slovenko, professor, Tulane University Law School, to Dr. Karl Menninger, on the McNaughton Rule, generally; and, TL of Judge Hutcheson, TLS of Judge Brown, TLS (2) of Judge Rives, TLS of Judge Bell, TL of Judge Cameron, and TLS of Judge Gewin on the merits and the proposed opinion of Judge Bell; TLS of Judge Bell on revision of his proposed opinion to meet suggestions of Judge Brown and Gewin; TLS of Judge Brown on publication of the Bell opinion as warranted; TLS (2) of Judge Bell on his dissent; and, TLS of Judge Brown on his special opinion and the Bell dissent.
see also 451: 4.
En Banc.
Judge Wisdom joined in the dissent of Judge Bell and the opinion of Judge Brown specially concurring in the dissent.
The original panel to hear this case, Judges Tuttle, Brown and Johnson, favored reversal, which would have required that Howard, v. United States, 232 F.2d 274 (!956) and Pope v. United States, 298 F.2d 507 (1962) be overruled. They therefore requested an en banc court.
The judges had voted against en banc consideration when Judge Gewin changed his vote, the new majority favoring an en banc hearing. Judge Hutcheson was against such a hearing, and did not participate. Judge Bell, while originally opposed to en banc consideration, submitted a proposed opinion to reverse, which he revised in an attempt to gain the concurrences of Judges Cameron, Jones, Gewin, and Rives, and again revised, upon failure to achieve a majority, to dissent from the affirmance by an equally divided court.
Includes TLS of Judge Brown on the merits and on en banc consideration as appropriate; TLS of Judge Rives, TL (2) of Judge Bell on the merits of the en banc request; TLS of chief Judge Tuttle on the result of the en banc vote; TLS of Judge Brown and TL of Judge Wisdom on the vote an don reconsideration by those judges not in favor of an en banc court as appropriate; and TLS of Judge Gewin on his changed position on the en banc request.
Also includes TL of Ralph Slovenko, professor, Tulane University Law School, to Dr. Karl Menninger, on the McNaughton Rule, generally; and, TL of Judge Hutcheson, TLS of Judge Brown, TLS (2) of Judge Rives, TLS of Judge Bell, TL of Judge Cameron, and TLS of Judge Gewin on the merits and the proposed opinion of Judge Bell; TLS of Judge Bell on revision of his proposed opinion to meet suggestions of Judge Brown and Gewin; TLS of Judge Brown on publication of the Bell opinion as warranted; TLS (2) of Judge Bell on his dissent; and, TLS of Judge Brown on his special opinion and the Bell dissent.
see also 451: 4.
Dates
- Created: 1963
Extent
From the Collection: 0.00 Linear Feet
Creator
- From the Collection: Wisdom, John Minor (Person)
Repository Details
Part of the Tulane Law School Repository
Contact:
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New Orleans LA 70118 US
6239 Freret St
New Orleans LA 70118 US