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Mitchell v. United States, 368 U.S. 439 (1962)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mitchell v. United States, 368 U.S. 439 (1962)
Mitchell v. United States No. 448, Misc. Decided January 22, 1962 368 U.S. 439
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Syllabus
In a Federal District Court, petitioner was convicted of robbery in the District of Columbia and sentenced to imprisonment. He subsequently filed in that court a paper entitled "Motion for Dismissal of Sentence and Reversal of Verdict," claiming, inter alia, that materially false testimony had been used against him at the trial. That court treated that motion as one to vacate sentence under 28 U.S.C. § 2255 and denied it. The Court of Appeals affirmed, though petitioner had produced in that court, for the first time, an affidavit of a police captain which contradicted the testimony of a prosecution witness.
Held: certiorari granted, judgment vacated, and case remanded to the District Court for a hearing upon petitioner’s motion, treated as a motion for a new trial on the ground of newly discovered evidence.
Reported below: 110 U.S.App.D.C. 322, 293 F. 2d 161.
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Chicago: U.S. Supreme Court, "Syllabus," Mitchell v. United States, 368 U.S. 439 (1962) in 368 U.S. 439 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=ZY1G52C26X99NDK.
MLA: U.S. Supreme Court. "Syllabus." Mitchell v. United States, 368 U.S. 439 (1962), in 368 U.S. 439, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ZY1G52C26X99NDK.
Harvard: U.S. Supreme Court, 'Syllabus' in Mitchell v. United States, 368 U.S. 439 (1962). cited in 1962, 368 U.S. 439. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=ZY1G52C26X99NDK.
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