Supreme Court of the United States, 1968

Pope v. United States

Supreme Court of the United States · Decided June 17, 1968 · Black, White, Jackson

392 U.S. 651; 88 S. Ct. 2145; 20 L. Ed. 2d 1317; 1968 U.S. LEXIS 1161 (United States Reports)

Counsel

Wallace M. Rudolph for petitioner., Solicitor General Griswold, Assistant Attorney General Vinson, Ralph S. Spritzer, Beatrice Rosenberg, and Jerome M. Feit for the United States.

Cases that cite this one

169 later published cases cite this decision. The 25 that cite it most often are listed here.

State v. Childs (N.C. 1972)
Henry C. Alford v. State of North Carolina (4th Cir. 1969)
State v. Waddell (N.C. 1973)
State v. Hill (N.C. 1971)
State v. Atkinson (N.C. 1969)
United States v. James Neavill (8th Cir. 1989)
State v. McKoy (N.C. 1990)
State v. Hill (N.C. 1969)
State v. Ruth (N.C. 1969)
Pope v. State (Alaska 1970)
United States v. Daniel J. Driscoll (2d Cir. 1968)
State v. Goff (Ohio 2010)
State v. Kleypas (Kan. 2001)
State v. Shickles (Utah 1988)
United States v. Tommy Lee Whitley (4th Cir. 1985)
United States v. Tommy Lee Whitley (4th Cir. 1984)
United States v. James E. McCracken (5th Cir. 1974)
United States v. Eldson McGhee Amelia Kendricks and Robert Lee Bunner (5th Cir. 1974)
United States v. James A. Watson (4th Cir. 1973)
State v. Anderson (N.C. 1972)
State v. Funicello (N.J. 1972)
State v. Pope (Neb. 1971)
Don Wade v. United States (9th Cir. 1970)
State v. Forcella (N.J. 1968)
Bradford v. State (Tex. Crim. App. 1993)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

The petitioner was convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U. S. C. § 2113(e). The Solicitor General has filed a memorandum for the United States conceding that this death penalty provision “suffers from the same constitutional infirmity” as that found in the Federal Kidnaping Act, 18 U. S. C. § 1201 (a). United States v. Jackson, 390 U. S. 570. Accordingly, the Solicitor General concedes that the petitioner’s “sentence must be vacated and the cause remanded ... for resentencing.” In light of this concession and upon an independent examination of the record, but without reaching any of the petitioner’s other claims, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment is vacated, and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings consistent with this opinion.

Mr. Justice Black and Mr. Justice White dissent for the reasons stated in the dissenting opinion of Mr. Justice White in United States v. Jackson, 390 U. S. 570, 591.

Mr. Justice Black dissents for the further reasons stated in his dissenting opinion in Lopinson v. Pennsylvania, ante, p. 648.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.