Legal Opinion
Emil Crovedi v. United States of America, Frank Delegge, Sr. v. United States of America, James Spoon v. United States
Court of Appeals for the Seventh Circuit
Decided May 20, 1975No. 73-1690, 74-1314 and 74-1207PublishedCited by 18 opinions
1Opinion of the Court
PELL, Circuit Judge.
The principal issue raised by these three appeals is founded on United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972), and basically is that sentences were enhanced by consideration of prior unconstitutionally obtained convictions. The enhancing of sentence doctrine had been enunciated in Burgett v. Texas, 389 U.S. 109, 115, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967), although that case involved a conviction based on a tainted prior conviction. Enhancement of sentence was directly involved as an issue in Tucker and upon the facts before it the court remanded…
2Cases cited26 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- United States v. TuckerSupreme Court of the United States · 1972
- Townsend v. BurkeSupreme Court of the United States · 1948
- Burgett v. TexasSupreme Court of the United States · 1967
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lawrence Leroy Farrow v. United StatesCourt of Appeals for the Ninth Circuit · 1978
- Franklin D. Strader v. Anthony F. Troy, Attorney General of Virginia, and Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1978
- United States v. William HopeCourt of Appeals for the Seventh Circuit · 1990
- Cardova Lawary v. United StatesCourt of Appeals for the Seventh Circuit · 1979
- Tisnado v. United StatesCourt of Appeals for the Ninth Circuit · 1976
13 more not listed; retrieve them via the Exa API.