Supreme Court of the United States, 1971

Johnson v. United States

Johnson v. United States
Supreme Court of the United States · Decided April 5, 1971 · Stewart, Douglas
401 U.S. 846; 91 S. Ct. 1258; 28 L. Ed. 2d 523; 1971 U.S. LEXIS 62; 27 A.F.T.R.2d (RIA) 1006 (United States Reports)

Counsel

William J. Lippman, by appointment of the Court, 400 U. S. 940, argued the cause and filed briefs for petitioner., Samuel Huntington argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, and Roger A. Pauley.

Johnson v. United States

Cases that cite this one

18 later published cases cite this decision.

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

401 U.S. 846 (1971)

JOHNSON
v.
UNITED STATES.

No. 5247.

Supreme Court of United States.

Argued March 24, 1971
Decided April 5, 1971
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.

William J. Lippman, by appointment of the Court, 400 U. S. 940, argued the cause and filed briefs for petitioner.

Samuel Huntington argued the cause for the United States. With him on the brief were Solicitor General Griswold, Assistant Attorney General Wilson, and Roger A. Pauley.

PER CURIAM.

The writ of certiorari is dismissed as improvidently granted.

THE CHIEF JUSTICE took no part in the consideration or decision of this case.

MR. JUSTICE STEWART, with whom MR. JUSTICE DOUGLAS joins, dissenting.

In the petitioner's trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court's decision in United States v. Jackson, 390 U. S. 570. See Bailey v. United States, 132 U. S. App. D. C. 82, 86 and n. 3, 405 F. 2d 1352, 1356 and n. 3. I think the extreme prejudice arising from this erroneous instruction requires reversal of the judgment of conviction and a remand of this case for a new trial. Cf. Price v. Georgia, 398 U. S. 323, 331-332.

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