United States Ex Rel. Stephen Radich v. The Criminal Court of the City of New York

MANSFIELD, Circuit Judge:

This appeal raises the interesting question, unlikely to recur, of whether an affirmance of a state court conviction by an equally divided vote of the United States Supreme Court bars the person convicted from later obtaining habeas corpus relief on constitutional grounds that were urged by him in his appeal to the Supreme Court. We hold that it does not and remand the petition for consideration on the merits.

On May 5, 1967, Stephen Radich was convicted in the Criminal Court of the City of New York of casting contempt on the American flag in violation of what was then…