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McCONNELL v. RHAY

No. 87, Misc.

393 U.S. 2 (1968)

McCONNELL v. RHAY, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

Decided October 14, 1968.

Attorney(s) appearing for the Case

Michael H. Rosen for petitioner in No. 458, Misc.

John J. O'Connell, Attorney General of Washington, and Stephen C. Way, Assistant Attorney General, for respondent in both cases.

PER CURIAM.

The sole issue presented by these cases is whether our decision in Mempa v. Rhay, 389 U.S. 128 (1967), should be applied retroactively.

The facts in both cases are quite similar to those in Mempa. Petitioner Jack D. McConnell pleaded guilty to two counts of grand larceny by check. At a hearing on December 23, 1965, he was placed on probation for five years upon condition that he serve one year...

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